Extending house

RebeccaCar

ProDave said:

Post some pictures.  If it is as you say fully enclosed by a wall and a gate, then you can demonstrate exclusive use and be in a good position for an AP claim.

As soon as you ask the council how much will they sell it for, you have acknowledged you don't own it and scuppered that possibility of an AP claim.

One other thought, if you buy it from the council I would expect it to come with a "no building" covenant.  What would be the situation if you obtained it via AP?  Surely there won;t be any such covenant so it might even be a better way to obtain the land?

As previously advised, before doing anything seek some profesional advice.

Posted the photos. Good point re approaching the council, so perhaps I’ll look into AP. The driveway was there a good few years before we bought the house, the previous seller had to provide proof of it so hopefully it won’t be much of an issue. I’m not in a huge rush but I do want to build an extension at some point. 

Thanks for your help 

user1977

ProDave said:

One other thought, if you buy it from the council I would expect it to come with a "no building" covenant.

Obviously, you wouldn't agree to buy it with such a covenant if your intention is to build...

RebeccaCar

Section62 said:

RebeccaCar said:

The driveway runs right down the side of the house, you’d never know it’s not part of the house. It’s surrounded by a wall and gates to the bottom. 

Perhaps I’ll try to buy it from the council then as I can’t see it being big enough for them to want to keep. I’ll check that it is unregistered and I’ll make some enquiries with a solicitor. 

If it appears that much part of the property then you might want to explore why the council didn't sell the land with the house in the first place.

One example could be something like an easement for drainage, electricity or another utility - is there an electricity substation nearby, for example?

Do you have a neighbour on that side, or is it something else like a road or open space?

So substation etc that I know of. I think the house was initially sold as it was  and the owners before me built the driveway, there are no houses to that side of me, it’s an open road. 

The house opposite me has the same layout and their green area is bigger as they haven’t put a driveway there- If that makes sense. 

RebeccaCar

user1977 said:

ProDave said:

One other thought, if you buy it from the council I would expect it to come with a "no building" covenant.

Obviously, you wouldn't agree to buy it with such a covenant if your intention is to build...

No that’s right 

Section62

user1977 said:

ProDave said:

One other thought, if you buy it from the council I would expect it to come with a "no building" covenant.

Obviously, you wouldn't agree to buy it with such a covenant if your intention is to build...

...and the house may have a 'no alterations without permission' covenant on it already.

RebeccaCar

Interesting, How would I find out if there are any restrictions? Would I ask the land registry office. 

ThisIsWeird

Who does the nice brick wall to the driveway's right belong to?

RebeccaCar

That’s what the previous owner to me put up.  I’m not sure about nice- I didn’t realise how much it all needed a jetwash after winter 😆

Section62

RebeccaCar said:

So substation etc that I know of. I think the house was initially sold as it was  and the owners before me built the driveway, there are no houses to that side of me, it’s an open road. 

The house opposite me has the same layout and their green area is bigger as they haven’t put a driveway there- If that makes sense. 

So is the point you were standing when you took the pictures at the front or back of the house?  If there is a road to the right (of the camera position) and a road to the front of the white van, then what is behind you, why are there gates on that end of the driveway?

Do you know whether the roads on the estate have been adopted as (public) Highway?  You can usually find this online on the council's website.  If they aren't (public) Highway then normally they would be 'estate roads' which are the responsibility of the housing department.

If the land to the right (of the picture) is Highway then there is a good chance the council will consider the green areas (and your driveway) to be Highway land as well.  If it is Highway then you won't be able to AP it.

Also bear in mind the point that usually you can't AP land which you have permission to use. You shouldn't pin your hopes on being able to AP the land without getting good professional legal advice first.

What exactly does the indemnity policy cover you for?  The insurers wouldn't be able to make the landowner allow you to continue to use the land, and if the owner of the land wanted to stop you using it I can't see much the insurers could do other than tell you to clear your stuff off it and stop using it. The risk of legal enforcement would primarily be if the land is Highway and you've unlawfully encroached/obstructed the highway, which again you could just stop doing.  So what is the policy actually covering you for?

ProDave

Odd.  For me the pictures don't appear in the post above, but if I quote the post (I was going to say I cannot see the pictures) there they are?

I would want a solicitor picking over all the paperwork about the drive that you can find from the previous seller.  It certainly looks like it is or should be yours, but the point about making sure it is not "highway" is a very valid one.

I think i would start putting a simple structure like a shed or a car port on there and see if anyone says anything.