Land attached to a property.

Statex2_2

I am considering the purchase of a property and there is a very irregular boundary there is a triangular piece of land next to the property but no one knows what the designetion is  ie. part of the garden, agricultural, annexe etc. Does anyone know of a government department that can advise me. I have contacted the local council planning department, they don't know and referred me to the Land Registry. They don't know and referred me to the council. There are no deeds for the property on the land registry and the owner does not seem to know. Aparently if the area has been used as a garden the council will need proof of 10 years use and evidence. The present owner has only been in residence for 2 years and the previous owner for 3 years. I want to place a building on the land if it is classed  as a garden that is ok but if agricultural probably it will not be allowed, and if I applied for planning and it was refused the purchase would not be viable. My buyer is pushing me to move  and the seller of the property the same full planning would take weeks. So I am in between a rock and a hard place. I would be grateful for any advice.

p00hsticks

Statex2_2 said:

There are no deeds for the property on the land registry and the owner does not seem to know.

I may be misunderstanding your post, but it sounds to me like the first hurdle to jump is to ensure that the land in question does actually belong to the property you are looking to buy ? 

lincroft1710

Do I understand this correctly?


Adjoining the property you are proposing to purchase is a piece of land, which belongs to the property but is separated by a fence. What is the current or apparent current usage of the land?

UnderOffer

So any documents provided by your solicitor for the property you are purchasing shows your purchase only and not the land on the side? When you enquired with LR regarding this additional land they also had no documents to provide? 

Have you thought about asking any neighbours who they think owns it? I’m sure the minute you put a spade in the ground someone will approach you and question what you are doing. 

propertyrental

As above, not clear:
* is the property itself registered?
* if yes, were does the LR Plan show the boundary?
* if no, what deeds does the seller have to prove his ownership and right to sell? what Plan is attached to the deeds? Where is the boundary?
* assuming the land in question does belong to the property you plan to buy, what makes you think the Planning designation might be different to the garden?
* who currently uses this land? as what? For how long?

Statex2_2

Sorry but I have probably made myself unclear the land is within the title of the property and owned by the property.  I want to build an annexe on the land . However I am informed that the land although 10 metres from the corner of the house is not within curtilage of the property.

Aparently on the planning map land within the curtilage of the property is coloured white this land is coloured green. Under permitted development if I wanted to build on curtilage it would be no problem, however the garden at the rear is boggy as it is at the bottom of an incline and wet. From google earth historic maps it looks as though it is part of the garden, but no official body can tell me if it is garden or other land.

Present and previous owner have only been in residence for short time and do not know the history. No deeds available. Nothing in the Land Registry title documents.

user1977

Presumably the history of the land use isn't a complete mystery beyond the last 2 years?

What other use could it have had if not garden? For how long has it formed part of the title to the house?

There isn't an official body who is going to give you a reliable answer - if you want to know that the planners agree with you, you'd need to make an application.

ProDave

It is normal when granting planning permission to build a house, that the entire fenced in garden shown on the planning application becomes "garden ground" and is thus covered by permitted development.

There are exceptions e.g if getting permission to build a house on a farm or small holding then only part of the land will be designated as garden, and that will be agreed with the planners and marked on the plans.

What is the history of this house?  old or new?  Developer built as part of a scheme, or an individual build?

Is it out on the countryside or right on the edge of the development?

Statex2_2

The house was built in 1768 with later additions in 1970.The site dates back much further. Boundaries have changed over the years. However the present land owned by the property is 5 acres. Land near the house has been fenced off and used as an orchard/garden. Google earth shows this land fenced separately as far back as 1999. Land beyond the fenced area is pasture land and clearly visible as such on Google.

MobileSaver

Statex2_2 said:

The present owner has only been in residence for 2 years and the previous owner for 3 years.

I presume you've already looked into why the last two owners sold on so quickly?

One owner selling after a couple of years could be nothing but two owners selling so quickly would warrant further investigation for many people.

Statex2_2 said:

Land near the house has been fenced off and used as an orchard/garden. Google earth shows this land fenced separately as far back as 1999.

Without proof to the contrary you may struggle to convince the council that the fenced off area is "garden". I assume you mean a typical wood and wire fence rather than say a hedge or other ornamental fencing? My plot is four times what you're looking at and none of it is fenced off (except of course on the outer boundary.)

Statex2_2

A post and rail fence separates it from the other land and fruit trees were planted in the fenced area