Thoughts on planning / verges / ownership

becci747

We recently moved into a rural property and it transpires that our next door neighbour actually owns the verge between our property boundary and the road. This wasn't picked up before purchase as the plans were not correctly filed (I had to go to the land registry with a SIM application to find this out). This looks like it may scupper our plans to put an additional entrance onto our property if this cannot be resolved.

I wondered if anyone on here has any experience of similar or of the law in this area. Our instinct says that the first thing to do would be to approach the neighbour openly in order to see whether we can just buy the verge that runs along our boundary. Obviously at an agreed sum and with us paying the legal costs. However, I wondered if there is anything in law about access to your own property, crossing from a road etc, that may supercede any need to do this?

Our neighbours seem pleasant, but it appears they had difficulties with the old owner, and so it's quite a sensitive situation that we have landed in. I would be grateful for any thoughts, advice, and views from anyone in the know.

Thanks

daveyjp

The verge may still be part of the adopted highway and this should be the first check to make.

becci747

The verge is definitely owned by the neighbour. I have checked with our local council and, after they confirmed private ownership, with the land registry. I am comfortable that I have the right info and I have the title register in question.

Apodemus

I think your instinct is correct - if you can approach this amicably with your neighbour in the first instance, the whole process will be much smoother.  It's a pity that your conveyancing solicitors didn't pick this up, but sadly conveyancing ain't what it used to be and attention to detail is all too often sadly lacking.  Hopefully your neighbours just happen to own this residual piece of ground and don't view it as a ransom strip.

Edit: just to add it would be best to strike up a friendship with your neighbours first, then introduce the access subject later.  They need to know that they can trust you!

becci747

Thanks Apodemus, it's good to know others think we are on the right page. I also agree with the last part, we are in no rush so happy to let things develop naturally and build some rapport. I am just keen to make sure I have my knowledge in place so that as and when the right time does come up, I know what I am talking about!

Ectophile

The risk is that the neighbours deliberately retained it as a ransom strip.  They may be willing to sell it to you for as much as they think you can pay.

Do the deeds say anything about a right of way over the strip to your land?  It may well be that you only have access on foot.

This is something that the conveyancer should have spotted.  It seems careless that they didn't.

Apodemus

Retaining a ransom strip is relatively common as a means of protecting against future over-development of the plot, rather than simply for financial benefit.  Particularly so in situations where an original property, with a large garden, sells a portion of the garden ground as a house plot and the owners of the original house want to ensure that their immediate amenity is not adversely affected.