Buying house - Title plan shows more land.

Davesnave · 10 February 2018 at 2:43AM

noh wrote: »

You would may well need planning permission in order to fence off agricultural land for use as residential curtilage.

But one could own it as a paddock and do 'paddock' things with it, like till a little bit for vegetables, or grow some fruit trees.

Quite a few people in my village have acquired paddocks. I've noticed that after a few years they tend to develop, with extra wildlife flower beds and ponds etc.

My own house once had a 30' back garden, but now, somehow, it covers the best part of an acre.

noh · 10 February 2018 at 8:28AM

There is a house the other side of a field from us that has recently fenced in some surrounding agricultural land they own. It has come to the attention of the council who required them to apply for retrospective planning permission which was refused.

Davesnave · 10 February 2018 at 8:41AM

noh wrote: »

There is a house the other side of a field from us that has recently fenced in some surrounding agricultural land they own. It has come to the attention of the council who required them to apply for retrospective planning permission which was refused.

So they own the land and have been told to keep it as a paddock, and not treat it as part of their garden, which is fair enough.

The council can't make them sell it, though.

You're right to point out that different councils are more or less vigilant, or people have neighbours who are more or less interested in reporting things that others do.

Tom99 · 10 February 2018 at 8:51AM

[FONT=Verdana, sans-serif]There is no guarantee you would be able to defeat the farmer's claim of adverse possession.

[/FONT] [FONT=Verdana, sans-serif]If the farmer can meet any one of three conditions they can claim title to the land. The 3rd condition looks like it might suit their purpose:-

[/FONT] “[FONT=Verdana, sans-serif]The third condition is that the squatter has been in adverse possession of land adjacent to their own for at least 10 years under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined under section 60 of the Land Registration Act 2002 and the estate to which the application relates was registered more than a year prior to the date of the application.[/FONT]
[FONT=Verdana, sans-serif]An example of where this condition might apply is where the dividing walls or fences on an estate were erected in the wrong place (Law Com 271, paragraph 14.46).”

[/FONT] [FONT=Verdana, sans-serif]https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land[/FONT]

noh · 10 February 2018 at 10:22AM

Davesnave wrote: »

So they own the land and have been told to keep it as a paddock, and not treat it as part of their garden, which is fair enough.

The council can't make them sell it, though.

You're right to point out that different councils are more or less vigilant, or people have neighbours who are more or less interested in reporting things that others do.

This case is similar to the op insofar as the agricultural land was a strip of a field adjacent to the house, the entirety of which is planted with a crop. It is the change of use and the erection of the fencing that has been refused. I agree they might have got away with it if the fencing had been more discrete.

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Buying house - Title plan shows more land.

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