Residential curtilage question

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Residential curtilage question

Postby edstrong » Thu May 18, 2017 11:14 am

Can anyone shed light on the following issue:

Can land adjoining a residential property be considered part of its curtilage if it is not owned by the owner of the residential property? The scenario is a small area of farmland behind a house, the area fenced off from the larger field and having been used as a garden and extension of the house for 10+ years, but the land rented, not owned, by the owner of the house.
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Re: Residential curtilage question

Postby MacadamB53 » Thu May 18, 2017 11:48 am

Hi edstrong,

is there an association/tie between the two - would a visitor, ignorant of who owns what, assume the land was closely associated with, and used by, the house?

that is what determines whether land is within the curtilage - not ownership.

Kind regards, Mac
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Re: Residential curtilage question

Postby edstrong » Thu May 18, 2017 12:22 pm

Mac, thanks for the quick response. The land in question is directly behind the back garden of the property, and is fenced off from the larger field. To any casual observer it looks like an extension of the garden, though separated by a large hedge with gates in it for access. For the past 10+ years it has been used for bonfires, growing veg, playing (there's a large trampoline in it), and there's good documentary evidence of this.

S
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Re: Residential curtilage question

Postby MacadamB53 » Thu May 18, 2017 3:02 pm

edstrong wrote:Mac, thanks for the quick response. The land in question is directly behind the back garden of the property, and is fenced off from the larger field. To any casual observer it looks like an extension of the garden, though separated by a large hedge with gates in it for access. For the past 10+ years it has been used for bonfires, growing veg, playing (there's a large trampoline in it), and there's good documentary evidence of this.

S
others may disagree, but from that description I'd say the land is not within the curtilage - the hedge/gate barrier being the sticking point for me.
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Re: Residential curtilage question

Postby pilman » Fri May 19, 2017 3:23 pm

The definition of curtilage as stated in a number of legal authorities is the small area of land surrounding the dwellinghouse.

I have just posted on another thread that a change of use of agricultural land to use as garden by the owner of a residential property is lawful after 10 years, which is the period of time in which the Local Planning Authority could have issued an enforcement notice because the change of use was a breach of planning control.

The fact that the use of the land is now as a garden associated with your residential property does not in law add that land to the curtilage of your property.

That would be the legal situation if you owned the additional parcel of land.

The fact that you do not own the parcel of land is even more proof that this land cannot ever be considered as part of the curtilage of your dwellinghouse.

Should you be considering any development on that land, it is necessary to seek planning permission because there will be very few permitted development rights available for that land.

Although Part 4 Class B of the Town and Country Planning (General Permitted Development) (England) Order 1915 would apply.
Class B – temporary use of land
Permitted development
B. The use of any land for any purpose for not more than 28 days in total in any calendar year,
of which not more than 14 days in total may be for the purposes of—
(a) the holding of a market;
(b) motor car and motorcycle racing including trials of speed, and practising for these
activities,
and the provision on the land of any moveable structure for the purposes of the permitted use.
Sub-letting that land to anyone wanting to use it could be quite lucrative, or allowing your local club to use it for its annual charity fair will always make you popular with other members,
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Re: Residential curtilage question

Postby edstrong » Fri May 19, 2017 6:55 pm

That's really useful, thanks both of you. Leaving the issue of curtilage aside (as it appears clear now), can change of use from agricultural to garden apply to part of a field?
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Re: Residential curtilage question

Postby pilman » Sat May 20, 2017 12:34 am

It will apply to the area of land that has had a change of use, even when that would only be over part of the field.

In planning terms there would be separate parcels of land in different uses.
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