One for the land and property experts
Discussion
Here's the idea. Alongside Wedg1e Villas is a field. Buy a strip of field alongside Villas, move driveway sideways, extend house. Strip of land is about 12 feet wide.
Buy exorbitant planning maps from Ordnance Survey (£25
), send to Land Registry with search fee (£4). Registry search turns up owner's name (actually two names) but there's a clause which states:
"No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or the Court".
From which I deduce that he (they) can't sell me it without someone else's say-so? Why's that? Or is it implying that it needs the agreement of both owners to sell it (ie not one or the other)? Could it be further deduced that if they can't sell it, they could GIVE it away....
The good news is that they only paid a pittance for it five years ago, with luck there'll be no rip-off attempt...
Buy exorbitant planning maps from Ordnance Survey (£25
), send to Land Registry with search fee (£4). Registry search turns up owner's name (actually two names) but there's a clause which states: "No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or the Court".
From which I deduce that he (they) can't sell me it without someone else's say-so? Why's that? Or is it implying that it needs the agreement of both owners to sell it (ie not one or the other)? Could it be further deduced that if they can't sell it, they could GIVE it away....
The good news is that they only paid a pittance for it five years ago, with luck there'll be no rip-off attempt...
It almost certainly means that it requires the consent of both owners to be sold. Are you sure it isn't being eyed up for access into something that is behind the strip of land - sometimes these little strips open up new developments in the rear gardens of older 30's areas where the houses originally had long gardens??
Its also worth doing a water and drainage search before you get too far into this, I dealt with a property litigation claim for someone who wanted to do exactly this except once they'd bought the land they discovered it had sewers running under it which they weren't able to build over - it cost them a fortune to re-route it all (hence the claim against the solicitor who bought the land for them!). You can do a drainage search by writing to the local water authority (for water and sewage) sending them a copy of your plan and asking them to confirm what is where - it'll probably cost you in the region of £35 plus VAT.
Its also worth doing a water and drainage search before you get too far into this, I dealt with a property litigation claim for someone who wanted to do exactly this except once they'd bought the land they discovered it had sewers running under it which they weren't able to build over - it cost them a fortune to re-route it all (hence the claim against the solicitor who bought the land for them!). You can do a drainage search by writing to the local water authority (for water and sewage) sending them a copy of your plan and asking them to confirm what is where - it'll probably cost you in the region of £35 plus VAT.
Well... it's a bit of an odd situation. The land is triangular, bordered on its long side by a main trunk road. A public footpath parallels the trunk road and that is owned and maintained by the local Council.
The other two edges of the triangle are the perimeter of this estate, and the land falls away from the estate down into the triangle, which is prone to flooding. I know there is a sewer crossing it as I've seen the manholes, but it's nowhere near where I am. In any event I have a mate who works for the water authority, I bet he could dig out the plans
Assuming the land could be prevented from flooding I guess it could be built on, and maybe the flodding is why the estate stops where it does. It's also likely that one of three currently dead-end roads (including this one) could be used as access onto the site.
Next I need to ask the guys if they WOULD sell it (and £££
and then put a proposal to the Planning Dept. to se if they'd accept an East wing on the Villas...
The other two edges of the triangle are the perimeter of this estate, and the land falls away from the estate down into the triangle, which is prone to flooding. I know there is a sewer crossing it as I've seen the manholes, but it's nowhere near where I am. In any event I have a mate who works for the water authority, I bet he could dig out the plans
Assuming the land could be prevented from flooding I guess it could be built on, and maybe the flodding is why the estate stops where it does. It's also likely that one of three currently dead-end roads (including this one) could be used as access onto the site.
Next I need to ask the guys if they WOULD sell it (and £££
and then put a proposal to the Planning Dept. to se if they'd accept an East wing on the Villas...You might want to do a bit more digging (metaphorically speaking!) before you splash too much cash. Find your Local Development Plan - this should show all the land in your area and will indicate whether the local authority believe that it is developable land or green belt etc. You should be able to see this at your local library or ask at your local council office. It might only be a draft plan and this will have effect if there is no adopted plan. You could try asking your local planning authority for the status of the land - some of them are helpful some of them aren't!
It may be that this is green belt or similar and therefore not developable. Developers usually make the most of every opportunity available to them and it would be unusual for them not to hoover up and include every bit of land possible when they did the original development.
Assuming you've seen the Land Registry title to the land are there any covenants on the land that prohibit building?
Good luck!
It may be that this is green belt or similar and therefore not developable. Developers usually make the most of every opportunity available to them and it would be unusual for them not to hoover up and include every bit of land possible when they did the original development.
Assuming you've seen the Land Registry title to the land are there any covenants on the land that prohibit building?
Good luck!
Piglet said:
You might want to do a bit more digging (metaphorically speaking!) before you splash too much cash. Find your Local Development Plan - this should show all the land in your area and will indicate whether the local authority believe that it is developable land or green belt etc. You should be able to see this at your local library or ask at your local council office. It might only be a draft plan and this will have effect if there is no adopted plan. You could try asking your local planning authority for the status of the land - some of them are helpful some of them aren't!
It may be that this is green belt or similar and therefore not developable. Developers usually make the most of every opportunity available to them and it would be unusual for them not to hoover up and include every bit of land possible when they did the original development.
Assuming you've seen the Land Registry title to the land are there any covenants on the land that prohibit building?
Good luck!
Ermm... the only bits that seem to have any relevance refer to "the free and uninterrupted right of way at all times and for all purposes over all roads and pathways now constructed or to be constructed..." (which I bet is a standard clause)
and
"free passage and running of soil through the existing sewer...subject to the Transferee and its successors in title paying a proportionate part of the cost of maintaining such sewer..."
Now the land is criss-crossed with footpaths worn by dog-walkers and short-cutters, but there's only one official footpath and that's at the bottom, nowhere near me, and neither is the sewer.
I only want 400 square feet: it has been suggested that I put up a temporary frnce around it and see if anyone objects
The guy in the house immediately behind keeps the grass (same field) next to his house cut down so he can let his dog crap on it: people often walk alongside the fence as a shortcut but AS FAR AS I KNOW it's not a right of way as such... however that is the bit I want.
The first bit isn.t standard so someone has put it in there specifically which might be worrying. I wonder what the intention was. Developers are often required to provide Public Open Space?
If it's being used by dog walkers etc you mught also want to do a Commons Registration Search to check it isn't Common Land (with rights to locals to walk ert) or even worse is designated as Village Green.
With regard to you fencing it off, this area of law has changed very recently with a European Court of Human Rights judgment which effectively says you can't gain title to registered land in this way (Pye v Graham).
The other problem is whether the walkers might be able to and bothered enough to deminstrate that there is a right of way over the bit you want. I can't remember how long they need to demonstrate use for (and can't be bothered to get out of bed to check!) It might be twelve years but it might be longer - I can check.
If it's being used by dog walkers etc you mught also want to do a Commons Registration Search to check it isn't Common Land (with rights to locals to walk ert) or even worse is designated as Village Green.
With regard to you fencing it off, this area of law has changed very recently with a European Court of Human Rights judgment which effectively says you can't gain title to registered land in this way (Pye v Graham).
The other problem is whether the walkers might be able to and bothered enough to deminstrate that there is a right of way over the bit you want. I can't remember how long they need to demonstrate use for (and can't be bothered to get out of bed to check!) It might be twelve years but it might be longer - I can check.
Piglet said:
The first bit isn.t standard so someone has put it in there specifically which might be worrying. I wonder what the intention was. Developers are often required to provide Public Open Space?
If it's being used by dog walkers etc you mught also want to do a Commons Registration Search to check it isn't Common Land (with rights to locals to walk ert) or even worse is designated as Village Green.
With regard to you fencing it off, this area of law has changed very recently with a European Court of Human Rights judgment which effectively says you can't gain title to registered land in this way (Pye v Graham).
The other problem is whether the walkers might be able to and bothered enough to deminstrate that there is a right of way over the bit you want. I can't remember how long they need to demonstrate use for (and can't be bothered to get out of bed to check!) It might be twelve years but it might be longer - I can check.
Cheers Pig... the 'path' could easily have been in use as long as the house has been here... 1976
though it's not as though they couldn't walk round the 'new' fence The registered owner is ex-directory and as I'm not brash enough to turn up on his doorstep I guess I'll have to formulate a carefully-worded request with promises of riches beyond his wildest dreams (well, a couple of £K anyway
)... I think it's worth doing as an extension might set me back £40K but if I sold the place and put £40K on top, I still wouldn't be able to buy anywhere bigger/ better/ more suitable for purpose etc.
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