Help Neighbour is a nightmare

Tricky-Dicky · 23 Aug 2021

The hedge I planted, and instructed to remove, was an 'old English hedgerow' blackthorn, rose briars, holly, beech etc, obtained from a nursery man, (no privet etc).
The initial requirement from the council was then to install an electric fence! , I did suggest that when the national press found out that 2 school children (mine) had been electrocuted, that they wouldn't receive good press etc, they then backed down.
The barb wire and wooden posts were then erected.
They is no public access, therefore no requirement for dog walkers.
Later on I found out that this council was the first in the country to be prosecuted for removing hedgerows with nesting birds, on their land.
Only decades later with the advent of the internet, did I realise that the council had lied over many requirements and threats could not be enforced.
Hooray for Google.

Beanius · 16 Oct 2021

Luggy said:
My friends have recently purchased a barn with planning to convert ex agricultural steel barn to home.
The problem is, on the plans the drainage system and soakaway are not within their curtilage and now the farmer is refusing them access to the land to install the drainage system and soakaway. The farmer is now demanding they buy the land where it needs to go. .

I've read most replies but agree with those who say that they need to speak with a solicitor now.Selling the land and barn for conversion implies that it includes all that is needed to do just that. Not sure a 'no win, no fee' would take this on but an hour with a good litigation solicitor might give them some hope. Good luck and hope your friend makes a quick recovery

Munzy · 16 Oct 2021

Tricky-Dicky said:
The hedge I planted, and instructed to remove, was an 'old English hedgerow' blackthorn, rose briars, holly, beech etc, obtained from a nursery man, (no privet etc).
The initial requirement from the council was then to install an electric fence! , I did suggest that when the national press found out that 2 school children (mine) had been electrocuted, that they wouldn't receive good press etc, they then backed down.
The barb wire and wooden posts were then erected.
They is no public access, therefore no requirement for dog walkers.
Later on I found out that this council was the first in the country to be prosecuted for removing hedgerows with nesting birds, on their land.
Only decades later with the advent of the internet, did I realise that the council had lied over many requirements and threats could not be enforced.
Hooray for Google.

Which Council was this out of interest?

Mottie · 16 Oct 2021

Only option I can see is to try to negotiate a price but be prepared to pay the asking price. Surely they must have a budget for the build so it will have to come from that - if only to make the plot sellable if they can’t complete the build. Without that piece of land, the original purchase is dead money. Once you have paid up and have the land, perhaps that would be the time to approach the conveyancer/solicitor who worked for you to seek compensation. Perhaps report (or threaten to report) them to their professional body?

Tricky-Dicky · 16 Oct 2021

Hi Munzy, It was Ashfield District Council,

jeds · 18 Oct 2021

It's possible that this may be a case of mis-selling and I would take Beanius' advice and at the very least have an hour with a litigation lawyer.
Having said that, litigation is a tortuous route and if your friends lose the claim they can kiss goodbye to any chance whatsoever of developing their barn. Also, the price of land may change at a moments notice.

My advice is purchase that land. It sounds like it will more than add value to the property and they can get on with it. And, if it really gets nasty, what would stop them pursuing a claim of mis-selling once purchase of the land is secured?

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Help Neighbour is a nightmare

Tricky-Dicky

Beanius

Munzy

Mottie

Tricky-Dicky

jeds

DIYnot Local

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