Planning App On Someone Else's Land (But Can't Trace Them)

Planning App On Someone Else's Land (But Can't Trace Them)

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Zeemax_Mini

Original Poster:

1,214 posts

251 months

Wednesday 6th May 2015
quotequote all
Hi guys,

I'm after a bit of advice on a complicated planning matter if anyone can help!

I've found a bit of land that I want to build my new home on, and have an option agreement in place to buy it off the guy who owns the house it's attached to. We applied for planning at the beginning of the year, but it was turned down because the visibility splay in one direction isn't adequate.

Being on the end of a row, the tiny strip of land we'd need to make the visibility splay looks like it's part of the adjoining field. Having spoken to the field owner, however, it transpires that he doesn't own that corner of the field and that it's not been maintained in years. We've searched the land registry but the land is unregistered so we can't find the owner's details,and having spoken to everyone who lives nearby we still can't make any progress in tracking them down.

I'm wondering if there's anything we can do in this situation - for example fencing off the thin strip we'd need, clearing the overgrowth to provide the visibility and then getting some kind of indemnity insurance to cover ourselves should the owner come back?

Cheers!

Dom

Renovation

1,763 posts

121 months

Wednesday 6th May 2015
quotequote all
What size are we talking about ?

Could it be Council / Highways owned ?


Zeemax_Mini

Original Poster:

1,214 posts

251 months

Wednesday 6th May 2015
quotequote all
It's a strip of land which looks just like an overgrown verge running along side a field (we'd need something like 2m deep and 40m long) which you'd assume was council but is unfortunately privately owned!

Cheers,

Dom

Busa mav

2,562 posts

154 months

Thursday 7th May 2015
quotequote all
sounds to me like a deliberate " Ransom Strip "

When you do find the owner ,if you want to buy it , expect the cost of the land to be valued as to what they think your plot will be worth with it.

blueg33

35,860 posts

224 months

Thursday 7th May 2015
quotequote all
Speak to your solicitor about defective title indemnity insurance.

Fence off said bit of land to see if it flushes anyone out.

Revise application and post the notice to the bit of land smile

Try and register the land.

Zeemax_Mini

Original Poster:

1,214 posts

251 months

Thursday 7th May 2015
quotequote all
Thanks guys - really appreciate your input. I'll let you know how I get on!

Dom