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Adjacent Developer’s land

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Comments

  • Fig12
    Fig12 Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    elsien said:
    If the brick wall is your boundary, then what you feel they needed to do and what they feel they wanted to do are two different things. And is their decision to make. 
    You wanted them to address the mess and they have,
    If you own any of the strip of land between the brick wall and their land  then simply put your own fence/boundary marker up, 
    Surely I have some say as this has now resulted in the privacy on my home being impacted . I have requested to buy the land as they were so uninterested in wanting to maintain it but was advised they can’t due to planning conditions . Surely for such a big impact they have to at least notify me beforehand? 
  • Fig12
    Fig12 Posts: 29 Forumite
    Second Anniversary 10 Posts Name Dropper
    jimbog said:
    Is it possible they are looking to build on that land? 
    That’s one of my worries 
  • RAS
    RAS Posts: 36,014 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited Today at 7:06AM
    If it's highway land, they can't build on it. Nor can it be enclosed. 

    For the title, you go to the Land Registry @ £7. Make sure you use the gov.uk site as the promoted ones cost three times as much.

    It would be worth looking at your LA planning portal to see what conditions were attached to land at that junction.

    You've no more right to decide what happens on retained land than to what next door does with their garden.

    If you've have not made a mistake, you've made nothing
  • Flugelhorn
    Flugelhorn Posts: 7,437 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Fig12 said:
    user1977 said:
    Why do you think you have any right to control what they have planted on their own land? Is there anything in your titles about it?
    Only because it’s affected my privacy in my home . I need to check my titles , I presume this would be via my lender ? 
    no, privacy would only come into it if they  built another house there and would need to put frosted glass in to any window overlooking you. 
    you can download titles from Land Registry
  • WIAWSNB
    WIAWSNB Posts: 1,384 Forumite
    1,000 Posts Name Dropper
    Fig12 said:
    Surely I have some say as this has now resulted in the privacy on my home being impacted . I have requested to buy the land as they were so uninterested in wanting to maintain it but was advised they can’t due to planning conditions . Surely for such a big impact they have to at least notify me beforehand? 
    Please understand what your rights are, and what they are not. 
    That is their land, and they largely decide what to put there in terms of planting. 
    You may possibly have a right - or may have accumulated one - to light through that window should the opposite occur - they plant a large tree there that covers your window (tho' I doubt you will have accrued that right, since the window has seemingly always been at least partially covered).
    If that company is citing Planning rules for not being able to sell you a strip of land, then perhaps the best thing is to contact your Planning office? Explain your concerns - a lack of privacy - but please don't suggest that you have any 'rights', or that the owner 'should do something' for you. If you go down that route, you are likely to have a lot of raised eyebrows and rolling eyes.
    Simply a case of - 'if you can allow this, then I can approach them with a sum'. 


  • Section62
    Section62 Posts: 10,154 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    WIAWSNB said:

    ...
    If that company is citing Planning rules for not being able to sell you a strip of land, then perhaps the best thing is to contact your Planning office? Explain your concerns - a lack of privacy - but please don't suggest that you have any 'rights', or that the owner 'should do something' for you. If you go down that route, you are likely to have a lot of raised eyebrows and rolling eyes.

    Simply a case of - 'if you can allow this, then I can approach them with a sum'. 

    Worth bearing in mind if it is a planning condition then it would need formally removing (the planners can't just say 'go right ahead') and the process for formally removing or amending the condition would require someone to make a planning application and pay the fee(s). =££££

    As the planners felt it necessary to condition the application to 'protect' this land it would be a reasonable working assumption that they would want to retain a condition to give equal protection, albeit allowing change of ownership (assuming the developer is correct about this restriction).

    The planners are likely to be concerned that the OP owning the land might result in a new fence appearing, or maybe a driveway/hardstand, and perhaps a few years down the line an application for a side extension.  So they will probably want to set clear ground rules from day one to stop any drift towards further development of the land before it starts.
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