HELP! The JCBs are moving in...

[cutestray]

Hi!

My partner and I bought our first house last month. It's a Victorian end-of-terrace, with an unused plot to the side which runs alongside railway land. A portion of this plot has been used as our garden for over 30 years, and we have full posession of this.

We were aware before we bought the place that Planning Permission was granted to a developer for a house on the remaining plot next door, nearly 2 years ago, although it was contested by the previous owners of our house. However, upon inspecting the original application and land registry documents, I have noticed a few descrepancies, not least that the title and grid reference of the land in the application, according to the land registry, is for the plot that belongs to us, whereas their land next to it is under a different title with the registry.

Does this make their Permission invalid?

Also, a section that runs along the side of our house is included in their building plans, however this area is not marked as belonging to anyone in the land registry documents. This strip of land is/was enclosed by the remains of a corrugated iron fence, which continues along to enclose the garden section for which we hold the deeds...do we have as much, or more, right to this stretch as the applicants do? If so what should I do to stop them destroying what remains of this fence before I have chance to do anything about it?

Also, their plot was recorded under their names on the registry on the same day that Planning Permission was granted, although they claim to have owned it at time of application, and actually state in the application that it's thought to have belonged to our house originally "but details unknown"...does this sound dodgy?

...I was hoping to have more time to plan our approach, however they have started moving the diggers in today, before we've barely had chance to unpack PLEASE HELP!!

Thanks & best wishes.

 

[xdave]

It sounds like you are certain that a portion of that land has been in posession of the owners of your new property for over 30 years (I think the limit is 12 years, but that needs checking) and it is clearly fenced as such, at least in parts, with an old corrugated iron fence? As you have just moved in and are obviously biased towards what the seller has told you, you need to recheck everything you think you already know about your boundaries.

If you are still sure then do you have home legal cover through any house, car or other insurance products you currently have? If so you need to contact them ASAP and ask for advice. Also take photos of your existing boundaries now before they are moved. Make sure they are framed to include landmarks and features that can not be moved so their position can be accurately determined later if they are removed.

Re-post your situation on Garden Law's boundaries forum as there are people there who have lots of experience with dealing with these sorts of issues. They can advise what to do if you do not have legal cover.

In the mean time I would buy some string (the fluorescent builders string is ideal) and some bamboo canes and mark the entire length of your boundary - then photograph it. Approach the JCB drivers and tell them that the line is not to be crossed as you believe it is the true boundary and are seeking advice to have it confirmed. Put this on a piece of paper and hand it to them, and send a copy by recorded delivery to the party granted the PP. If it is in dispute and they are reputable then they should not cross it. (However it does sound like they are trying to get the boundary moved quickly before you have a chance to settle in and object.)

Re. the planning permission - anyone can apply for planning permission to build anything on any land, whether they own it or not. However if I am reading your message correctly then they have actually stated they have ownership of the title that belongs to you? If so approach the council's planning department and query whether this would invalidate the permission as they have misrepresented material facts. It might not make any difference, but as you have already hinted it is worth a shot.

 

[ibby]

In the mean time I would buy some string (the fluorescent builders string is ideal) and some bamboo canes and mark the entire length of your boundary - then photograph it. Approach the JCB drivers and tell them that the line is not to be crossed as you believe it is the true boundary and are seeking advice to have it confirmed. Put this on a piece of paper and hand it to them, and send a copy by recorded delivery to the party granted the PP. If it is in dispute and they are reputable then they should not cross it. (However it does sound like they are trying to get the boundary moved quickly before you have a chance to settle in and object.)

echo