buying highway land

Re: buying highway land

Postby tregger » Tue Sep 26, 2017 9:48 pm

tregger wrote:If highways own title to this land can they not decide on where the boundary is without having to stop up ?

how can land that has been looked after by the homeowners solely for 40 years be highway land.

can the adoption plan be wrong in the first place ?


anyone ?
tregger
 
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Re: buying highway land

Postby MacadamB53 » Tue Sep 26, 2017 11:31 pm

tregger wrote:
tregger wrote:If highways own title to this land can they not decide on where the boundary is without having to stop up ? no - all the land available is highway unless a particular width was dedicated by the landowner or only a specific width was known to be used as of right when the highway was acquired by long user

how can land that has been looked after by the homeowners solely for 40 years be highway land. er, think that applies to the 1000s of miles of public footpaths that criss-cross our countryside/farms...

can the adoption plan be wrong in the first place ?what adoption plan would that be?


anyone ?
MacadamB53
 
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Re: buying highway land

Postby tregger » Wed Sep 27, 2017 10:43 am

MacadamB53 wrote:
tregger wrote:
tregger wrote:If highways own title to this land can they not decide on where the boundary is without having to stop up ? no - all the land available is highway unless a particular width was dedicated by the landowner or only a specific width was known to be used as of right when the highway was acquired by long user

how can land that has been looked after by the homeowners solely for 40 years be highway land. er, think that applies to the 1000s of miles of public footpaths that criss-cross our countryside/farms...

can the adoption plan be wrong in the first place ?what adoption plan would that be?


anyone ?


highways have told me they are the land owner not just responsible for the surface, hence they are able to stop up and sell freehold. but they are looking to visit and decide on the boundary if they decide my legal boundary is further over than where the fence is i assume no stopping up or buying anything is needed as you already own it hence the agreement. after all plans are not accurate so two landowners agree where the boundary is, nothing to change apart from moving physical fence.
tregger
 
Posts: 129
Joined: Sun Mar 25, 2012 10:57 am

Re: buying highway land

Postby MacadamB53 » Wed Sep 27, 2017 11:00 am

Hi tregger,

if the HA are of the opinion the width of the highway can be flexed then so be it.

however, there are two things you need to be aware of:

1. depending on its current use, enclosing the extra land into your garden may considered a "change of use" under planning law which means it requires planning permission - and the LA might consider taking enforcement action if notified of the breach if you haven't got pp.

2. if a member of the public complains and is not fobbed off, the LA will be required to follow statutory procedures to formally record the change of width - and this procedure allows for objections.

kind regards, Mac
MacadamB53
 
Posts: 5954
Joined: Mon Dec 10, 2012 12:13 am

Re: buying highway land

Postby tregger » Wed Sep 27, 2017 11:04 am

MacadamB53 wrote:Hi tregger,

if the HA are of the opinion the width of the highway can be flexed then so be it.

however, there are two things you need to be aware of:

1. depending on its current use, enclosing the extra land into your garden may considered a "change of use" under planning law which means it requires planning permission - and the LA might consider taking enforcement action if notified of the breach if you haven't got pp.

2. if a member of the public complains and is not fobbed off, the LA will be required to follow statutory procedures to formally record the change of width - and this procedure allows for objections.

kind regards, Mac


Thanks pretty much what i thought. i doubt neighbours would complain but it`s good to know
with regards to agreement would a photo and letter supplied by them be enough to prove ownership
tregger
 
Posts: 129
Joined: Sun Mar 25, 2012 10:57 am

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