Advice please

November20
Posts: 12
Joined: Sat Nov 21, 2020 9:07 am
Number of Posts per Page: 5
Number of topics per page: 5

Advice please

Post by November20 »

Hi
We moved into our semi detached property 5 years ago. Between viewing and completing our neighbours removed a privet hedge and built a 7ft breeze block wall that separates the gardens. As we were new we didn’t create any fuss and just got on with enjoying our new home and garden.
Fast forward to two years ago and new neighbours moved in. When we were out one weekend they removed the breeze block wall to a height of around 4 ft, in some places 2 ft. We went to measure up for fencing only for our neighbour to scream that we weren’t allowed fencing and he could do what he wanted as the wall was his.
The neighbour then put a complaint in to the planning department to say when we fenced off the far side of our garden we had acquired land that wasn’t ours. The new fencing replaced the dilapidated fencing that was in position when we purchased the property, we have photographic evidence of this.
Planning served us with an enforcement notice for extending our garden curtilage. Although this portion is not shown on the land registry we have a secondary lease from 1936 which gives the property a 999year lease on this and other unregistered land.
I employed a party wall and land surveyor to determine if the wall was a party wall and the validity of the area described in the secondary lease. He has now determined that the wall is a) a party wall and b) built on my land and that the area of land described in the secondary lease is correct.
I have provided all this information to the planning department but they want to proceed with enforcement or make me apply for planning permission, they also have turned down my offer of a site meeting (they haven’t been to view it at any time).
Sorry for the ramble but I’m at my wits end of how to deal with this without the expense of a solicitor.
Thank you
Collaborate
Posts: 2261
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Advice please

Post by Collaborate »

As planning say they intend to move to enforcement you really need to get lawyered up.

If you are confident in the evidence you have that you have not extended your garden and the boundary wall is built on your land you have to try and understand why the LPA do not agree with you. Either there is a weakness in your position that you cannot see, or they are incompetent.

That is why you need proper advice from an expert early on. This will either stop you going off on an expensive frolic that you are doomed to lose, or fortify your resolve.
November20
Posts: 12
Joined: Sat Nov 21, 2020 9:07 am
Number of Posts per Page: 5
Number of topics per page: 5

Re: Advice please

Post by November20 »

Getting correct advice is one o the reasons I employed a land surveyor to provide an impartial report. I also have the conveyancing solicitors looking into why the secondary lease wasn’t registered. It’s just so frustrating as the planning officer won’t meet to discuss anything!
Many thanks for your input.
span
Posts: 1751
Joined: Sat Nov 06, 2010 1:34 am

Re: Advice please

Post by span »

Just for clarification, are you under attack on two fronts here?
One boundary with the new neighbors, the other boundary with the local authorities (tipped off by new neighbors?)
despair
Posts: 16736
Joined: Mon Mar 14, 2005 7:07 am

Re: Advice please

Post by despair »

Could be the new neighbour works at or has mates in the council

Get in touch with your local councillor and ask them to find out why planning wont listen or discuss

Check carefully all mortgages, insurances, credit cards, union memberships for Legal Expenses Cover too
November20
Posts: 12
Joined: Sat Nov 21, 2020 9:07 am
Number of Posts per Page: 5
Number of topics per page: 5

Re: Advice please

Post by November20 »

The LA have definitely been contacted by the neighbours due to the party wall issue. They also have erected a shed on unregistered land but the planning department are not interested in enforcement of that 😡
Janieb
Posts: 255
Joined: Fri Feb 25, 2005 12:44 am

Re: Advice please

Post by Janieb »

Maybe I’ve missed something here. If the structures are within the scope of permitted development then the planning dept aren’t usually interested in where they’re built. You can apply for planning permission to demolish next doors house and get it, but you won’t succeed as the ndn will legally object. The LPA are only interested in whether the structure complies with planning regulations.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)
despair
Posts: 16736
Joined: Mon Mar 14, 2005 7:07 am

Re: Advice please

Post by despair »

Clearly someone has an agenda here ir someone is telling HUGE LIES quietly gather all your facts and go for the juggular
cleo5
Posts: 487
Joined: Mon May 18, 2015 12:33 pm

Re: Advice please

Post by cleo5 »

Shed on unregistered land....maybe neighbours are trying for adverse possession of that land....shed first ,fencing next to exclusion of all and there you go!
Theft by stealth i m o.
Where is the land the shed is on? Is it on your extra bit?

If so demolish it neatly and hand the bits back to them.
If itis not on your land then nothing much you can do.

I dont think you need planning permission for a shed on anyone,s land if they agree or dont know about it.

All land belongs or has belonged to someone . It is just that all land is not registered and some have so much they do not know what they own!
And some has lost its old owner and the new one doesn,t know he owns it or doesn't care.
Bits here and there get overlooked.
despair
Posts: 16736
Joined: Mon Mar 14, 2005 7:07 am

Re: Advice please

Post by despair »

Yes ..check check and double check ...maybe you own the bit your neighbour has put a shed on ....but do not realise
November20
Posts: 12
Joined: Sat Nov 21, 2020 9:07 am
Number of Posts per Page: 5
Number of topics per page: 5

Re: Advice please

Post by November20 »

Thanks for all your advice. We have a couple of local councillors who have visited and don’t understand why the planning are going down this road.
despair
Posts: 16736
Joined: Mon Mar 14, 2005 7:07 am

Re: Advice please

Post by despair »

Then they should help you ...but do double check that you do not also own the bit the neighbour has put a shed on ....theres some very devious people around
November20
Posts: 12
Joined: Sat Nov 21, 2020 9:07 am
Number of Posts per Page: 5
Number of topics per page: 5

Re: Advice please

Post by November20 »

The secondary lease shows the unregistered land the shed is on is part of our property, along with around 5 other areas people have extended their gardens into, no enforcement from planning for them though 😡
despair
Posts: 16736
Joined: Mon Mar 14, 2005 7:07 am

Re: Advice please

Post by despair »

Now you know why your neighbour has been so nasty ...remove the shed and reclaim your land ...all of the other pieces too
span
Posts: 1751
Joined: Sat Nov 06, 2010 1:34 am

Re: Advice please

Post by span »

November20 wrote: Sat Nov 21, 2020 8:35 pm The secondary lease shows the unregistered land the shed is on is part of our property, along with around 5 other areas people have extended their gardens into, no enforcement from planning for them though 😡
Protecting your property is not their job. That's your job.

Are you goin to do anything about all these encroachments onto your property?
Post Reply