We want to use our land

We want to use our land

Postby Wendy Chatterton » Wed Mar 30, 2005 11:19 pm

I am new to this forum, and cannot locate a similar case to refer to, so I will give my long story.....

My partner purchased his house a three and half years ago. It is an end terraced, large, victorian property, the deeds clearly show he owns the land to the side of the property. Prior to purchasing the property, about a year before he made the purchase the land at the side of the property was very poorly kempt, although the local residents, whom live down the terrace behind/to the side of the property received some government funding to tidy the area up, they planted shrubs and paved the area, and put a fence and gate across the terrace which leads to their houses.

However, when my partner purchased his house, he mentioned to his solicitor he would like to build a garage, no comment from his solicitor was made at this stage.

My partner applied and paid for a dropped down kerb, shortly after buying the house, this was duly granted and a date for the works to take place was made. Unfortunately, the week prior to the kerb being dropped my partner approached a neighbour whom was weeding a small flower bed, and let her know that it was not worth tidying the plants as work was to take place. This was not taken lightly, and the same day he received a call from the city council advising the dropped kerb had been put on hold, and suggested we make a planning application for the garage, although they said the building of a garage will be highly disputed, because the view would be blocked for the residents down the terrace, bearing in mind the houses are facing each other and there is no view, (plus the garage was to be near the street, some 25 metres away from their houses) The council suggested applying for the building a fence around the perimeter of the land. Which is three times the size of the area we were to use to build a garage.

The neighbours have been to the land registery and now know the land is my partners. They were horrified that we now suggested building a fence.

We have since put large planters, and displayed them as a border reclaiming half of our land, however the neighbours are still calling the land theirs, they send letters, asking us and other neighbours to donate plants and MONEY towards watering the plants. We receive these letters but no one speaks to us because they are upset that we own the land.

Do we need to apply for permission?

If so, would a fence be granted?

Will these neighbours have any rights to the land, seeing as they have built a gate and planted a few shrubs? (The fence is about half way down and across the land my partner owns)

Are we in our right to move their plants and logs/seats? (A majority of plants are in moveable pots)

They want to make it feel like a park area, but we are againts this, we do not want people hanging around, making noise nor playing ball against the side of the house. Loitering by the wrong people can lead to burglaries, and the area is very dark after nightfall.

Any suggestions or advise would be much appreciated.
Wendy Chatterton
 
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Joined: Wed Mar 30, 2005 10:21 pm
Location: Hull

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Postby Danny » Thu Mar 31, 2005 1:18 am

The councils advice to apply for planning permission to erect a fence is I belive in essence telling you to mark out, define the position of your boundaries. Marking out the boundaries would then make it clear, anyone entering your land without your permission, are trespassing. As to wether you need to obtain planning permission to erect fences around your boundaries or you can just go ahead and do it, I am not sure. Either way, I'm sure you are going to receive a barrage of complaints.

Although this seem's to be a case of it's my land and I don't want anyone tendering plants on it anymore, you might want to consider the position of the plant tenders, do they have any lawful / legal rights or are they just trespassers. The part they have fenced off and gated, are you prevented from gaining access, does the gate have a lock.

As the land is at the side of your property, I assume the only fencing you will need to erect is across the front, between the public footpath and your land or, will you have to erect a fence on the boundary with another property.
Danny
 
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Joined: Thu Mar 17, 2005 5:55 am


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