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Ownership of Land

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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    What's the possibility of the land being developed behind the fence on the land adjacent to the neighbours. As this could provide an access road. Be surprised if the developers would have left it this way without good reason.
  • jb201
    jb201 Posts: 42 Forumite
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    behind it is a toilet sump thing that services the street. Behind that is a lot of unclaimed land.

    Everyone around here argues over it, which is why I don't want this to happen
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    jb201 wrote: »
    behind it is a toilet sump thing that services the street.
    Yes, I've found the "pumping station" legend on the county council's online roads adoption map (which also confirms that the area isn't an adopted road). So who owns the pumping station - is that adopted by the water company? In which case don't they own this bit too?
  • EachPenny
    EachPenny Posts: 12,239 Forumite
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    There is a document associated with planning application reference LW/89/0091 which has a general layout plan on page 2 of 3.

    That plan shows the boundary of plot 5 (which is now house number 6) being a rectangle excluding the area in dispute. Although that isn't conclusive proof of ownership, it at least gives an indication of what was intended at the time the application was approved.

    There is another application LW/86/0209 which unfortunately says the documents are too large to be viewed online, but refers to LW/85/1785 "Outline application for erection of eight dwellings with estate road".

    I suspect the application LW/85/1785 might give you the answer you are looking for.

    I also note from the plan that the sewer running along the road passes under this disputed land - I assume into the sump (probably a pumping station?) behind the fence.

    At a guess, the pumping station (if that is what it is) may be the property of the water company, and it is possible the area you are concerned about is a parking space provided for maintenance vehicles for the pumping station. In which case the owner might be the water company, not the developer or council.

    And regardless of ownership, whoever is responsible for the pumping station should be concerned if their access from the public highway might be prevented by a land ownership claim.... if the land genuinely has no owner (I'd be very surprised) then it would appear to me the best claim to it would be the water company, or whoever is responsible for the pumping station. :) If you know what I mean ;)
    "In the future, everyone will be rich for 15 minutes"
  • EachPenny
    EachPenny Posts: 12,239 Forumite
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    Finally been able to download LW/85/1785.

    The area is marked on the plan (page 2 of 4) as "Area reserved for foul sewer pumping station" :)
    "In the future, everyone will be rich for 15 minutes"
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 24 November 2017 at 10:32PM
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    As suggested above,

    * tea and cake time

    If that fails

    a) research ownership (at least 3 possibilities so far in the thread. edit: 4 now, see below)
    b) start parking there yourself on a regular basis. This will present an Adverse Possession claim.
    c) put up a camera with date stamped recording. This will
    i) protect you car while parked there, and
    ii) provide evidence in future that they have not had sole use of the land
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 25 November 2017 at 1:52PM
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    Are you sure it's unregistered? Doing a Map Enquiry with the Land Registry, I found there are two areas of registered land, one of which might be the land in question. I placed the centre of my search radius just above the end of Wendale Drive (ie where that land is) and found:


    Search results

    Properties at the centre of the radius
    land on the north side of Telscombe Road, Peacehaven Tenure:
    Freehold Price Paid/Value Stated Data: No

    land on the East side of Wendale Drive, Peacehaven Tenure:
    Freehold Price Paid/Value Stated Data: No

    Properties within the radius
    5, Wendale Drive, Peacehaven, BN10 8NX Tenure:
    Freehold Price Paid/Value Stated Data: Yes

    edit: I wouldn't normally post identifying names/addresses, but you've already identified the address yourself. If you decide to anonymise the address and delete your own identifying post, PM me and I'll also delete.
  • jb201
    jb201 Posts: 42 Forumite
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    EachPenny wrote: »
    Finally been able to download LW/85/1785.

    The area is marked on the plan (page 2 of 4) as "Area reserved for foul sewer pumping station" :)


    Where can I download this from please? Is this showing the part in front of the station, i.e. the part they are trying to claim?

    Thank you so much for all of the efforts
  • jb201
    jb201 Posts: 42 Forumite
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    G_M wrote: »
    Are you sure it's unregistered? Doing a Map Enquiry with the Land Registry, I found there are two areas of registered land, one of which might be the land in question. I placed the centre of my search radius just above the end of Wendale Drive (ie where that land is) and found:


    Search results

    Properties at the centre of the radius
    land on the north side of Telscombe Road, Peacehaven Tenure:
    Freehold Price Paid/Value Stated Data: No

    land on the East side of Wendale Drive, Peacehaven Tenure:
    Freehold Price Paid/Value Stated Data: No

    Properties within the radius
    5, Wendale Drive, Peacehaven, BN10 8NX Tenure:
    Freehold Price Paid/Value Stated Data: Yes

    edit: I wouldn't normally post identifying names/addresses, but you've already identified the address yourself. If you decide to anonymise the address and delete your own identifying post, PM me and I'll also delete.

    Sorry that link didn't work. It must be unregistered though as the council are saying if I do not reply by 8th December the land will become theirs.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
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    EachPenny wrote: »
    Finally been able to download LW/85/1785.

    The area is marked on the plan (page 2 of 4) as "Area reserved for foul sewer pumping station" :)

    Great piece of detective work :T
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