need advice

need advice

Postby bargainhunt » Fri Sep 19, 2008 6:56 pm

i have some land to the side of my property which runs around to the front of the house.
i would like to fence of this side piece of land to incorporate it into the back garden
the bottom pic shows where the land boundary is on the title deeds.

any ideas whaty i need to do ?


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Postby thin and crispy » Fri Sep 19, 2008 7:48 pm

any ideas whaty i need to do ?


First make sure your deeds have no restrictive covenants which will prevent you from erecting the fence.

Next, contact your LA's planning department to see whether you will need planning permission. You might, as it looks like an open plan layout at present.

Generally though, the rules are that you need planning consent if your fence is to be over 2 metres in height, or over 1metre in height and close to a highway. Usually "close to" means within 2metres, but I believe it does vary so it's best to check with your local planners.

If it turns out that you do need planning consent, try to ascertain the likelihood of being granted permission once an application is made (some Councils are more forthcoming than others).

I'm sure other forum members will be able to advise on choosing a reputable fencing contractor and/or on the technicalities of erecting the fence.
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Postby jma » Fri Sep 19, 2008 10:21 pm

Who owns it? Is it registered or not?
Does anyone else use it, dog walkers etc?
Have you been maintaining it, if so for how long? If under 10 years (or 12 if unregistered) did the previous owners of your house maintain it. Would they be willing to make a formal declaration of this.
Do you have pictures of the area from years back?

Take a look on the land registry web site for practice guides on adverse possession.

If the owner of the land tries to sell it to you, do not write back but rather consult a solicitor. If you confirm their current ownership of the land in writting the adverse possession clock goes back to zero. You may be able to negotiate with the owners but the wording of your reply is critical.
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Postby Conveyancer » Sun Sep 21, 2008 11:42 am

It is likely the existing fence is where it is for a reason. I think that reason may well be because the land you want to incorporate was dedicated by the devleloper as part of the public highway. It sometimes happens that land that is dedicated does not actually get incorporated into what looks as if it is the public highway, but that does not stop it being part of the public highway. "Once a highway, always a highway."

What you need to do is to have a look at the road agreement entered into by the developer before the estate was developed. It will have a plan showing the land to be adopted as public highway. If there is no copy of the agreement with your deeds, the highway authority should have one.
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Postby bargainhunt » Sun Mar 01, 2009 8:15 pm

jma wrote:Who owns it? Is it registered or not?
Does anyone else use it, dog walkers etc?
Have you been maintaining it, if so for how long? If under 10 years (or 12 if unregistered) did the previous owners of your house maintain it. Would they be willing to make a formal declaration of this.
Do you have pictures of the area from years back?

Take a look on the land registry web site for practice guides on adverse possession.

If the owner of the land tries to sell it to you, do not write back but rather consult a solicitor. If you confirm their current ownership of the land in writting the adverse possession clock goes back to zero. You may be able to negotiate with the owners but the wording of your reply is critical.


sorry for the late reply :lol:

the land is not used by anyone else it is literally part of our front garden ,
not sure how i should proceed
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Postby andrew54 » Sun Mar 01, 2009 9:54 pm

Take Conveyancer's advice, find out if this land is technically part of the highway. If it isn't then put up a one metre fence continuing the brick wall. Wait a few months in case of complications, complaints etc. Then remove your fence. Do not put up a high fence next to the pavement.
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Postby philj » Sun Mar 01, 2009 11:55 pm

It looks to me as though it has been deliberately kept clear of planting as a visibility splay for traffic negotiating the bend on the road and may well have been a planning condition for the development.
Check with your local authority.
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Postby catapult1 » Mon Mar 02, 2009 10:59 am

Why did you take pictures from the inside of your car? Why not walk round and get a couple of good ones without the car frame in it?

I only ask as my oh has to take this kind of picture for work and only has his car in if he doesn't want anyone to see him.
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Re: need advice

Postby tregger » Sun Mar 25, 2012 11:03 am

Hi all

thougt i would revive this thread , had to reregister.

i have contacted the land registry and asked for a sim form to complete an index search , and they have come back with a title number and freehold status but no owership details

"we have not issued a land registry index map plan beacuse the property is either, wholly indexed under a single title number, indexed under co-extensive titles, for example co-extensive freehold and leasehold titles or subject to complex floor levels"

"No other registered estate caution against first registration"

does this mean my property is registered under 2 tiles numbers ?
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Re: need advice

Postby Conveyancer » Sun Mar 25, 2012 10:23 pm

With respect to what land did you do the index map search?
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Re: need advice

Postby tregger » Sun Mar 25, 2012 11:59 pm

the land to the right of the red line from the aerial photo
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Re: need advice

Postby Mattylad » Mon Mar 26, 2012 8:00 am

If you fence that land you would indeed affect visibility for those driving around the corner, this is likely to get the attention of the highways dept and then the council will be onto it.
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Re: need advice

Postby tregger » Mon Mar 26, 2012 10:39 am

Mattylad wrote:If you fence that land you would indeed affect visibility for those driving around the corner, this is likely to get the attention of the highways dept and then the council will be onto it.


surely it is not my responsibility to ensure road safety ? the land slopes from the rear to the front anyway , so you cannot see around the courner anyway.
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Re: need advice

Postby catapult1 » Mon Mar 26, 2012 11:20 am

tregger wrote:[quote="
surely it is not my responsibility to ensure road safety ? the land slopes from the rear to the front anyway , so you cannot see around the courner anyway.


In a way yes it be that you are responsible to ensure road saftey.

You may find that you own this peice of land. You may also find that you are not allowed to do anything with it other than keep it tidy and clear for road visibility/safety.

The wall that is there could be for soil retention purpses as that part is higher than the road. That doesn't mean you can put a big fence up and enclose it as it would also lessen the visual impact on the landscape.

What are you hopeing to achieve?
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Re: need advice

Postby tregger » Mon Mar 26, 2012 1:03 pm

i would like to move the fence over so i have more space at the side for a bigger path more lawn etc.

it does not hinder the road as there are trees in the centre and the height of the land is higher than the pavement so it aids no purpose to road safety.
hence the brick retaining wall.

my question was about the reply from the land registry, it implies there is no boundary line but there is a another title number for that strip , very starnge
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