Couldn't find the right section, or best section to put this.
I have a wee question. I live in Scotland, and there is a piece of land at the side of my house owned by the council. I am currently looking into buying this land, but its already taken a few years, and I still don't even have a price.
Anyway, the land is fenced, and it has loads of bushes, tree's etc inside it. I have been calling the council asking them to cut it for ages now, and they have still not done it, they have even suggested that its 1 of the local places that own the land and not them. When I tell them that its the council selling me the land, they play dumb. Anyway, I have now been cutting this back for quite a while, but now its turning into a skip, and people are dumping there crap in it. And its really p1ssing me off.
I heard from someone that if you maintain land for long enough attached to your property, then you can actually claim it as your own? Is this actually true? If not, then I don't want to waste any more time doing it, and will make sure I press them to get it cleaned on a regular basis. Its becoming an eyesore, but I sort of left it to to the above.
What you are talking about is 'adverse posession' but it is a long winded affair as it takes (I believe) 10 years and you have to enclose it within your own boundary and await complaints. (If any).
By far the best way is to what many others do, and put in a Planning Application. Specify the ground, its location and your wish to enclose it within your own property. If a strip, and there's no objection - once permission is granted - your purpose will be to bring it within your curtilage, enclose and maintain the X sq m of common ground as part of your garden. Pay the fee, and if you hear no more - do it.
I heard from someone that if you maintain land for long enough attached to your property, then you can actually claim it as your own? Is this actually true?
No it not true, what it has been confused with is the right of way over the land,which was the old rules, however the right of way/ access was dealt with in an act circa 2001, I sure you remember Anne Gloag (Stagecoach) fighting it big style
If you want to know ownership, Land Registery Edinburgh(main office) or Glasgow (George Square)
better if you go in ,they are extremely helpful, and will produce copies of the title, from around £2.00.......
I've went back to 1820, on one and 1838 in another
What you are talking about is 'adverse posession' but it is a long winded affair as it takes (I believe) 10 years and you have to enclose it within your own boundary and await complaints. (If any).
Disagree , I believe you would not have the right of title to the land.......I had a walled in strip for 30 year and had no title no had I any right to the land
By far the best way is to what many others do, and put in a Planning Application. Specify the ground, its location and your wish to enclose it within your own property. If a strip, and there's no objection - once permission is granted - your purpose will be to bring it within your curtilage, enclose and maintain the X sq m of common ground as part of your garden. Pay the fee, and if you hear no more - do it.
Again I disagree.Planning applications have no relationship to ownership..ie a developer submits an application, he doesn't necessarily own the the land , and remember the drawing and application require you to state ownership of the site and notifiable neighbours......See C1 section in the attachment, all e.planning form are very similar irrespective of council
We're talking about common ground - not an area that is legitimately that of another landowner. Adverse posession is used often under these circumstances.
As for the Planning wrinkle I outlined, I can confirm that this does not address the issue of ownership - but does much to protect the applicant as they have made no secret of their intentions, and as far as my last council trawll found, has a 90% success rate.
Neighbour notification remains a requirement regardless - so I don;t see your point here.
Don't think that has been properly established,has it?
Neighbour notification remains a requirement regardless - so I don;t see your point here.
Point is the empty land ,require a signature,to be submitted to the council
read C1 and note 17....councils are now requiring a signature of the land owner,to the vacant land,most councils are doing it themselves,mainly due to abuse of the system prior to 2005(ie the applicant submits the form ,stating neighbours notified,but didn't bother to do so
to go back to OP
they have even suggested that its 1 of the local places that own the land and not them
the council are being a bit cagey,the councils do have access to regestered owners,via link now,nowtheless it's therefore not common ground
When I tell them that its the council selling me the land, they play dumb.
Quite frankly they won't do anything as purchase would be done via Legal and Protective Service Dept,or what Dept deals with in in your council,and councils won't spend any money on it if it's getting sold, they'll waste money elsewhere,a Good councillor's buffet I suspect,(I digress.......lol)
Anyway, I have now been cutting this back for quite a while, but now its turning into a skip, and people are dumping there crap in it.
Two things here the council are of course happy you're doing the work
Secondly the tipping.....that would be Fly-tipping an offence, ...see council Environment or Waste Dept and voice your concern
Thanks for the informatin guys, I will look into George Square, and also see about putting in this application. I really think I need to find out more about it.
Just spokewn with a a distant neighbour who was in a siumilar situation. Hew took the Planning Appllcation approach to enclose an extra strip of land to meet the edge of a pre-existing pathway running across common ground (amenety use). His application was granted, and he enclosed the land by extending his boundary. This was in 2004, and apart from one objection (by a neighbour) the Council Planning agreed to it, and he heard no more.
The main problem lies in the fact that you would have no title to the land nor any right of title,ownership must be certain
However If you had an agreement within the Land Title (in England these are covenants)slightly different in Scotland but for the sake of debate regard as the same,similar to a right of way over the land(common in the case of shared driveways etc).....This would ascertain what you could or couldn't do
to illustrate the problem
You build a house over a section of land that you don't own,
The owner comes along after say 10 years ,What happens?
He tells you to move off the land
or
Charges you rent for the 10 years then tells you to move of the land
Get the title or ownership sorted first,
Of course If you're sure the council are not a load of overpaid numpties,take their word for it.
Whether I believe you on not is irrelevant. Having now checked my local Planning website had discovered 11 such applications for these 'strips' is the last 5 years alone. Adverse posession does exist, and can be expensive when challenged. On common land, there is a different issue, as the largest landowner in any area is invariably the Council.
By lodging a plannig application simply to enclose the land and nothing more, provides a fully traceable means and in an offhand way, gives the council notice of the intention of the neighbour. If they did not raise any issues at this point, makes it very difficult to claim they object or had no notice of the intention of the applicant.
The situation you outline is hardly relevant for the reasons outlined earlier. As for the council being 'numpties' their actions make them legally accountable regardless. I've no axe to grind either way, however as the council are accepting money for such applications assuming that it reflects use of their land, it appears to be a recognised and dare I say an approved method of proceeding to regularise an otherwise unsatisfacory situation.
Disagree away. I've you've spent any more than an hour in George Square bemused by the chaotic state of indexing and an inability to find what you want - especially if it doesn;t have a posatcode or defined postal address, your confidence (and money) will be depleted considerably.
Just spokewn with a a distant neighbour who was in a siumilar situation. Hew took the Planning Appllcation approach to enclose an extra strip of land to meet the edge of a pre-existing pathway running across common ground (amenety use). His application was granted, and he enclosed the land by extending his boundary. This was in 2004, and apart from one objection (by a neighbour) the Council Planning agreed to it, and he heard no more.
Hi Buzby, this is probably a strip of land attached to the side of my house, thats probably the same area as my front and back Gardens, including the house in the middle.
All, I would be looking to do would be extend the Garden, until I can purchase it to then then maybe sell the house with planning permission, or even build on it myself at a later date
Land Purchasing
CAG depends on donations. Please consider making a donation - however big or small.
Hi Buzby, this is probably a strip of land attached to the side of my house, thats probably the same area as my front and back Gardens, including the house in the middle.
Originally Posted by buzby
View Profile
View Forum Posts
Private Message
View Blog Entries
View Articles
Reply With Quote
Bookmarks