Is there a property lawyer in the House ? (uk law)

[confus-ed]

OMG I've become a 'nimby' (not in my back yard) even if its not strictly 'mine' ..

There's some undeveloped land at the back of my parents house, which they've used on & off over the years as extra garden, so its been cleared (I know as I did most of it over the years), but they've never put a fence around it or such, now somebody has bought it (the next door neighbour) & intends to build himself a new house to retire in - trouble is it'd almost certainly be placed such that it overlooks my parents home (its on a sloping site)..

So I want to know how we establish boundaries (this land has never been accurately surveyed & the deeds are suitably vague on the subject) & 'anything else helpful' as really I haven't got a clue about the legality or otherwise of all of this, so somebody who has experience on the matter would be very handy indeed

Anyone ?

[NooNoo]

possession is 9/10th of the law... I think if you can prove you have used it and no one complained for x number of years you can claim... but don't quote me on that. You need a trip to your local CAB

[3fingersalute]

So property lines aren't clearly defined in the deeds?

[Richard1]

When you buy property in the states, before any papers are signed, a surveyor comes out and surveys the land and puts out little flags denoting the property boundaries. Do they not do the same thing in England?

Speaking from personal knowledge with absolutely no knowledge of England or -Ed's local property laws, there isn't much you can do if they bought the land.

Couldn't your parents have bought the land if they wanted it?

[NooNoo]

We have a land registry which keeps track... but if they are not sure, then it can come down to a judge deciding.

[darkhorse]

I've used the online service before, it's great.

http://www.landregisteronline.gov.uk/

Click on 'Property Enquiry' to start.

It's £2 for a listing of the details of the property. A plan of the property indicating marked boundaries is also available for a £2 fee. The system generates PDF files for you to keep. Doesn't contain all the minute details that is in the usually overflowing deeds folder that the bank/mortgage provider probably keeps in storage somewhere though but is enough to start with. Good luck!

Here's a link to a sample plan...

[gazzak]

One thing I had experience with was in my old flat, where a neighbour wanted to build a huge wall out the back. It didn't affect light, so we didn't think the planning people would turn it down. The guy who lived upstairs however knew people in the planning department at another council. They advised him to use the words "overbearing presence" in his objection to the new wall. Planning permission by our local council was turned down flat using those exact words as the reason.

I hope this helps!

[confus-ed]

Couldn't your parents have bought the land if they wanted it?

I think they would have, I'd already done the searches about 2 years ago when they computerised the land registery database (ta darkhorse anyway ) & they'd thought about it, but the previous owner was dead & it was held in some trust or other, & the long of the short of it was that my parents didn't think anybody could build on it (its 'landlocked' by other property with no direct access, except through somewhere else) so didn't act (a fact I know they are most pissed off about, as my dad spent 3 hrs in the pub with me last night bending my ear on the matter!)

I've got copies of all the deeds, of all the surrounding property, but there's no measurements whatsoever only an indication of where property lines are in relation to existing buildings, 'border disputes' like this are common here, & I think we definately need a lawyer, as there's a right of way through this land for residents, but that's not the same as a public right of way ..

So I'm off to the CAB, as Bev suggests, to try & minimise the bill a bit !

Ta for all the other suggestions too

[Garfield99]

IF all else fails just plant a row of fast grown leylandii at the bottom of the garden and forget to keep the tops trimmed hehe.

[constructor]

Hi All

May be able to shed some light on this.

1) Do they have outline planning permission? - Ask your local planning department.
2) Visit the Planners & discuss it with them.
3) Get a copy of your local planning policy, it will give guidance on clearances, overshadowing, wayleaves, access onto the highway etc..
4) If they go for planning you will be consulted. That is when you will need a solicitor or probably more usefully a Chartered Surveyor.
5) Check out the Restrictive Covenants on your fathers Title Deeds


A loss of light to the adjacent property MAY be grounds to reject a application but the garden is not included.

Unfortunately you have little or no rights under the "possession" issue.

Planting trees would be deemed unnacceptable under the new nuisance laws.

Google for Office of deputy prime minister The ODPM sets out national guidelines for development and planning.

[confus-ed]

Unfortunately you have little or no rights under the "possession" issue..

If I'd put a bloody fence up I would have , my parents have been using this 'unopposed' for the best part of 30 years .. I can't find a reference just now, but after 10 years there's a procedure to claim 'dormant' land like this as your own.

The rest is most useful info tho' ! Thanks

[confus-ed]

An update on this ..

Here's some pictures, the before one first;-


& now after a little surgery from the new owners my nice friendly neighbours..
here's some 'after' pictures ..





Thankfully the whole site turns out to be covered by a woodland preservation order since 1995, & the local council can act to prosecute for chopping the trees down, & my parents look like they'll get a happy ending, I'll let you know..

[NooNoo]

Glad to hear it, but a shame the view has been ruined.