Buying garden

abi333

hi, I bought an ex council house 20 years ago and have just realised that I don't actually own the front garden. Has anyone else had this problem? The council say I can buy it off them but haven't given me any idea of price, just that I will have to pay for the cost of a surveyor to price it. I don't want to fork out money and then not be able to afford the land. Any idea how much they charge? The garden would be no use to them.

Dymphna60

Are you sure that the council want to charge you for the actual land ? Can you ask them for clarification?
I know of 2 cases in close neighbours that legal title to garden land was given to them as long as all the councils legal fees were also covered by them 

abi333

From the council :-  "I understand that you are keen to look at purchasing the front garden to then incorporate the garden into the full title of the property. The next steps will be obtaining a valuation/price for the area in question, we also ask that the surveyor fees and legal fees be covered. In the meantime are you able to confirm you are interested in purchasing the land at the front of your property and I can then look into this further for you"

I wasn't keen on purchasing the land, I simply asked if I needed planning permission for a fence 😳

ciderboy2009

Have you actually checked what the Land Registry show's as being your property?  You can download a copy of your title plan for a few £.

It wouldn't be the first time that council staff have got something wrong.

Davesnave

I'm sure they'll give you an estimate of the fees if you say you're interested. Before you do, I'd take the advice above and pay £3 to the Land Registry for a title plan.

https://www.gov.uk/search-property-information-land-registry

abi333

Did the land registry, house and back garden, no front garden. Have just spoken to an old neighbour, she purchased the house from the council, as far as she knows the garden was hers, she never paid extra for it?

greatcrested

abi333 said:

...., as far as she knows the garden was hers, she never paid extra for it?

Well like you she's probably never checked.

Pay £3 and buy her LR Plan to see if she's right!

Ask the council for an estimate of what their surveyor & legal fees will be.

abi333

Well hers is showing as private land but she never purchased it separately, unless the new neighbours have.  I have asked for a price to buy the land, or apparently I can get permission to put up a fence, at a price but not own the land 🤔

greatcrested

abi333 said:

...I have asked for a price to buy the land, or apparently I can get permission to put up a fence, at a price but not own the land 🤔

Careful! In order for the council to give you that price for the land, they'll need to instruct their surveyor (as they explained) at your cost. But given your concerns, you need to ask what their surveyor will cost first, and then decide whether to take that step).

moneysaver

Have you been maintaining the Garden?   If yes what about adverse possession?

Moneysaver

abi333

I have been maintaining it yes, but the council say no to adverse possession
"I have asked our legal department to look into this and have said that, you as the homeowner would not be entitled to claim the frontage of the property by way of adverse possession, regardless of the number of years you have resided at the property, simply due to the fact that the Transfer of the property, includes a right of way (highlighted brown on the attached), granted over the frontage and using it with our permission and as such, the rules of adverse possession would not apply" 😳