Garage extension

[jabjcb]

Hi there I hope that someone can be of assistance.
2 years ago I obtained planning permission for a single storey garage on the side of my property. This was duly built shortly afterwards and I am very happy with it.
Recently I changed my mortgage provider and my old lender sent me all the deeds and plans for my property (its on leasehold land). On the site plan i noticed that there is a hatched area at the side of my property that carries a caveat to the effect of "this area cannot be built on". A good portion of the garage now stands on this hatched area!!
Now I am extremely worried that despite obtaining planning permission and building regs, my land owner may retrospectively object to this developement. Can anybody advise me on this??
 
Many thanks

 

[2929twin]

I`d say you need to speak to a conveyance solicitor and find out why the caveat is there. Planning and build control have no duty to search for land owernership, thats your job. If your property is leasehold, should you have got the ok from them before building garage?

 

[jabjcb]

I believe that the caveat is there as the area is near to drains and access covers. Although my property (and extension) does not actually have any pipelines under it. There is an access cover halfway down my driveway that is still accessable.

 

[Static]

Did you get permission from the land freeholder to build the garage?

Sounds alot like a service easement.. so you should have gotten a build over agreement in place before even putting a spade in the ground..

You need to chat with your conveyancer as 2929twin says.. get more info on what exactly the easement is for.. (can sometimes be overhead cables etc)

 

[jabjcb]

I didn't realise that agreeing with the landowner would NOT be part of the planning permission that I had gained, so the answer to your question is 'no' I'm afraid.
If I were to speak to a conveyancing solicitor what would the worst case scenario be here???
By the way, there are no overhead cables so I'm pretty sure the restrictions are there because of drainaige pipes (all of which my neighbour has built over by the way). As I said in my earlier post, apart from one access pount (which is still accessable), there are no other ,service points or underground pipes on my property or underneath the garage extension. I know this to be true as my builder and building inspector advised me of this at the time.

 

[Static]

Worst case scenerio is the freeholders demands you demolish the garage and reinstate the ground to its original condition.

To my knowledge planning rarely check ownership.. course if you applied to demolish Buckingham Palace and put up a McDonalds someone might pipe up..

The pipe may well be 3-4m below ground.. not something your average builder will pick up on.. the easement is there so no additional load from buildings is applied to the pipe causing it to crack and then meaning they need to come along and knock down your brand new garage to access the garden churning up your rose beds with a couple of JCBs to dig up the pipe..
You need to check your deeds and see what the easement relates to.. chatting with a solicitor will get you more clued up on legal ground..

 

[jabjcb]

The pipe on the plans is on my next door neighbours side and is around 2.5-3m below ground. My garage does not stand on any pipework.
Could I buy the lease from the landowner? The annual rent is minimal so even if there was a 99 year lease it would be cheaper to do this than face the worst case scenario???

 

[Static]

Yer you could buy the freehold on the land.. but it would cost the market value, could be 100's of thousands.. depending on amount and location..
Annual rent on leasehold is not a good comparison to freehold cost..

Urm so assuming the pipe is 3m down then anything within 3m of the pipe effects it.. how far from the pipe are your footings?

 

[jabjcb]

They are less than 3m for sure. the pipe is now under next doors extension however.

 

[jeds]

What pipe is it? If it's a large public sewer, (i.e. bigger than 150mm) the sewer provider would not normally allow you to build within 3m of it. But that would have been picked up by building control?

Leaseholders often routinely retain easements to the side of houses just in case an opportunity arises for development to the rear. A common one is development of rear garages.

Have you checked your lease? It should mention any easements or covenants and what they pertain to.

The last time I came across something like this was a building surveyor colleague a few years back now. He gained planning and started work on a side extension only to find he couldn't proceed. Fortunately he caught it before he got out of the ground but still too late to avoid a fair bit of embarrassment. You can imagine the entertainment that provided.

That episode is the reason I include a warning paragraph in my terms and conditions that clients should check deeds and easements etc. before they commit to anything.

Just one final point. When you applied for planning you should have signed certificate B - the one that says you do not own all of the property - and sent copies to the freeholder. If it does get sticky you could argue that you informed them of the intention to build and if they had an issue they should have objected at the time. It's a long shot but worth bearing in mind.