Building over ill-defined boundary
 

Hi

We have seen a house that we would like to purchase, however it's too small
for us and would need to be extended. I have had a quick chat with the
local planning dept and they indicate that there are no immediately obvious
reasons why a planning application to extend the property would be blocked.
However the snag is that the plot has a slightly odd shape (curved boundary)
and I am now concerned that the extension I would like to do may just cross
over the boundary in one corner - that this is the case is not absolutely
clear and it is almost impossible to tell from the 1:1250 scale deed map
where the boundary actually is - on the ground there is no dividing fence
defining the boundary between the two plots, although it is clear that the
drive to the house crosses that line in places. We do not know who owns the
other plot. I believe the other plot lies outside of the village settlement
boundary, which implies that it cannot be built on (this would be very
difficult since it is mostly at about 45deg slope!)
I believe that planning application may be granted to build regardless of
plot ownership, so in principle I could cross the line in the absence of any
objection by the owner? However I presume I cannot build over the boundary,
because it is outside of the village settlement line? How do I go about
getting a definitive answer before I commit to the purchase?

Martin

Martin Crook wrote:
Hi

We have seen a house that we would like to purchase, however it's too small
for us and would need to be extended. I have had a quick chat with the
local planning dept and they indicate that there are no immediately obvious
reasons why a planning application to extend the property would be blocked.
However the snag is that the plot has a slightly odd shape (curved boundary)
and I am now concerned that the extension I would like to do may just cross
over the boundary in one corner - that this is the case is not absolutely

Regardless of planning permission - if you are wrong, and the owner
turns up a couple of years down the line, there is no way that you could
avoid his demands that you remove the encroaching bit.

Take a look here http://www.gardenlaw.co.uk/boundaries.html and you will see
the sort of difficulties you might face. The time to establish the exact
boundary is BEFORE you buy.

Peter Crosland

"Martin Crook" wrote in message
...
Hi

We have seen a house that we would like to purchase, however it's too
small
for us and would need to be extended. I have had a quick chat with the
local planning dept and they indicate that there are no immediately
obvious
reasons why a planning application to extend the property would be
blocked.
However the snag is that the plot has a slightly odd shape (curved
boundary)
and I am now concerned that the extension I would like to do may just
cross
over the boundary in one corner - that this is the case is not absolutely
clear and it is almost impossible to tell from the 1:1250 scale deed map
where the boundary actually is - on the ground there is no dividing fence
defining the boundary between the two plots, although it is clear that the
drive to the house crosses that line in places. We do not know who owns
the
other plot. I believe the other plot lies outside of the village
settlement
boundary, which implies that it cannot be built on (this would be very
difficult since it is mostly at about 45deg slope!)
I believe that planning application may be granted to build regardless of
plot ownership, so in principle I could cross the line in the absence of
any
objection by the owner? However I presume I cannot build over the
boundary,
because it is outside of the village settlement line? How do I go about
getting a definitive answer before I commit to the purchase?



Planning permission is granted irrespective of ownership. You can apply for
planning permission to build on anybody's land anywhere (probably not
including royal parks unless you're Prince Charles or Camilla). How you get
to acquire the land is a separate issue.

If part of the land is outside the village developement the council will
object to that aspect of the plan when you apply, so you would probably get
conditional approval, which excludes the bit in question. The council will
likely make a site visit with a surveyor to decide exactly where the limit
is, if and when you apply. I suppose you then have to find the plot's owner
and buy the bit of land if the council thinks its OK.

When you say "plot", it suggest a builder bought it off a farmer some time
ago with a dream of building a house on it at some stage.


rusty

In article , "Rusty" rusty@
666.fsnet.co.uk says...
snip
I suppose you then have to find the plot's owner
and buy the bit of land if the council thinks its OK.

Or do nothing and hope to acquire it by adverse possession.

Or do nothing and hope to acquire it by adverse possession.

Remarkably stupid advice that should be ignored.

Peter Crosland

In article ,
"Peter Crosland" says...
Or do nothing and hope to acquire it by adverse possession.

Remarkably stupid advice that should be ignored.

No **** Sherlock.

Martin Crook wrote:
Hi

We do not know who owns the
other plot.

Martin



What steps have you taken to identify the ownership of the adjoing land?

A (free) Search of Index Map at the relevant District Land Registry will
provide you with title number(s) - if the land is registered. You can
then buy at minimal cost copies of the registers and title plans

http://www.landreg.gov.uk/ for forms and guidance.

HTIOH

Richard

--
Real email address is RJSavage at BIGFOOT dot COM

Quite simply, engage a surveyor to determine where the boundary
actually is.

You say that the proposed work may "just cross the boundary in one
corner" - in this case can't you alter the design slightly to
accomodate this?

A small projection across the vilage settlement boundary is unlikely to
be as big an issue, as something like a complete extension or new
building.

dg

On Fri, 12 Aug 2005 09:58:39 +0100, "Martin Crook"
wrote:

Hi

We have seen a house that we would like to purchase, however it's too small
for us and would need to be extended. I have had a quick chat with the
local planning dept and they indicate that there are no immediately obvious
reasons why a planning application to extend the property would be blocked.
However the snag is that the plot has a slightly odd shape (curved boundary)
and I am now concerned that the extension I would like to do may just cross
over the boundary in one corner - that this is the case is not absolutely
clear and it is almost impossible to tell from the 1:1250 scale deed map
where the boundary actually is - on the ground there is no dividing fence
defining the boundary between the two plots, although it is clear that the
drive to the house crosses that line in places. We do not know who owns the
other plot. I believe the other plot lies outside of the village settlement
boundary, which implies that it cannot be built on (this would be very
difficult since it is mostly at about 45deg slope!)
I believe that planning application may be granted to build regardless of
plot ownership, so in principle I could cross the line in the absence of any
objection by the owner? However I presume I cannot build over the boundary,
because it is outside of the village settlement line? How do I go about
getting a definitive answer before I commit to the purchase?

Martin

I would demand that current seller defines the boundry, and takes out
insurance for any costs incurred in the next 50-100 years due to any
error the seller may make.

Rick