Housing Association trying to exclude my garden

WIAWSNB

https://forums.moneysavingexpert.com/discussion/comment/82150619#Comment_82150619

Could you clarify this, please?

This gate - is it between your home and this land, or is your home and land one plot that is served by this gate?

And, importantly, as Silvertabby was asking, what surrounds the rest of this land? Other properties? What? Ie, could a new entrance be made in to that land from a road or other driveway?

Boohoo

@Beingrippedoff_2 can you get a map or an aerial view of your home with the surrounding properties that could show if there is potential for any development on the garden or nearby gardens.

HouseHuntingAmy

One thing worth pinning down before anything else: whose registered title the garden actually sits in. The house will have a title number, and your garden may be inside it, inside a wider HA title, or in a separate title of its own. A map search at the Land Registry will show the boundaries of each title, and the 2000 transfer from the council to the HA will have a plan showing exactly what transferred. If the garden was inside the council's title and passed to the HA in 2000, that tells you one thing; if it was always treated as part of what came with the house, that is something else entirely.

On the lost tenancy agreement - that cuts both ways, and I would say so to them in writing. They hold no evidence the garden was excluded; you hold 37 years of fencing, maintenance and photographs showing it was treated as part of the home. When the paperwork is missing on both sides, that kind of long, open, unchallenged use carries real weight.

Practical next steps, in this order: put a written request to the HA for the specific evidence they rely on (the title number and the 2000 transfer plan); get a fixed-fee one-hour consultation with a property solicitor rather than no-win-no-fee - from what you describe, a few hundred pounds for an hour of proper advice is money well spent; and ask about the formal route for challenging the section 125 notice, because deadlines start to matter once a first notice lands. And be careful with the 15k-plus-uplift offer: a 50% clawback lasting 20-30 years is a heavy price for land you may already be entitled to.

lincroft1710

https://forums.moneysavingexpert.com/discussion/comment/82153493#Comment_82153493

When the council built the houses, they would be on land owned by the council, so separate titles may not have been created. I have seen transfers of ownership documents where a whole list of properties were on one title deed and transferred wholesale.

strawb_shortcake

https://forums.moneysavingexpert.com/discussion/comment/82153924#Comment_82153924

That's an interesting point, long before we moved into our house (ex council) all the gardens were open plan and no boundaries, slowly over time fences were put up. When we first moved in as HA tenants one neighbour also HA tried claiming we had a large part of his garden and he wanted it back. We ignored him, bought our house and it's never been mentioned.

Our deeds show our house and land as its fenced as we use it.

I guess the boundaries may have been put it when it transferred from council to HA?

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82148827#Comment_82148827

https://forums.moneysavingexpert.com/discussion/comment/82153290#Comment_82153290

the gate serves myself and is situated at the front of the house. I live in an end Terrace and then the garden sits on the side of the house I have a side door that leads into the house, the garden wraps around the back of the house. along the garden is a boundary fence which I asked the council to put up because my son was 10 months old and I was worried about him getting out onto the road at the time the fencing around the garden was a picket fence They put a boundary fence at the bottom of the garden and along the side of the garden which sits along a public footpath outside the garden along that side there was lots of trees so they cut through the middle of them to erect the fence. There was a picket fence along the school side at the back of the house and that run along the length of the garden so they put their own fence up when all schools put the metal Fences up with the spikes

yes they could put a entrance further down which would come off the main road.

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82153493#Comment_82153493

https://forums.moneysavingexpert.com/discussion/comment/82153308#Comment_82153308

Thank you Amy

The house as been registered with One registered title I went onto land registry and bought the plan for the then bought the title and one.

Have already asked for the evidence to show that the garden wasn’t part of the house or tenancy they have no evidence because they haven’t come forward with anything. They are their opinion. They believe I have been fighting this for since the plan came in which was July of last year asking them to show me evidence where the garden was my tenancy and they asked me about my tenancy to show that the garden was in with my tenancy and I can’t prove that they can’t prove but they’re just digging the heels I gave my savings to a barrister because I thought she had more and she emailed them a very good email to ask questions and they ignored her. I’m going to see a on Saturday morning which is a 30 minute consultation so I’ve got everything ready for that. I believe what they’re doing is wrong morally wrong give them the heads up that the garden was why they took the garden off me and then is willing to sell it back to me and estate agent actually said that he went back to and told there was prime land.

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82154830#Comment_82154830

They could build on the garden. I think that’s why they have removed the garden to sell it back with a clause with a 50% percent uplift. I’m not sure if they would get planning for this.

Beingrippedoff_2

Hi

Yes tenancy agreement was updated a couple of years ago.

Beingrippedoff_2

https://forums.moneysavingexpert.com/discussion/comment/82149008#Comment_82149008

They would have to cut the trees down and cut a whole in the fence that is behind the trees to get the access. I live on a busy main road