Neighbour issue. Does anyone work in council planning department?

[Origamiheaven]

looking for some advice. 15 years ago, we purchased approximately 10 square metres of land at the bottom of our garden from a closed down sport ground to extend our garden. land registry deeds updated and had to apply for change of use to residential garden. Fences erected to define new boundary. Neighbours in adjoining property (semi detached) have over the previous 4 years encroached onto the land behind them (using my fences as the boundary) in effect doing what we have legally done. They have also erected a large shed and bike storage and basically landscaped the land to the same 10 meter depth. They defo have not purchased the land and she thinks this is ok. I am irritated by this and in 2 minds whether to report to the council as a breach of planning. How much detail would I need to provide and how sensitive would they be to keeping my anonymity. I have a timeline of the changes made and also old Google images showing the original boundary fence.. what wud you do??

Who actually owns the land? If you feel you do want to do something then let them know if anyone so they have the ability to avoid possession by adverse possession or ask that the neighbour pay to use the land or buy it.

I suspect you are more irritated that they have the use of the land without paying for it like you had to more than anything.

You could put a gate in your fence and pop into that bit of land occasionally for a game of badminton etc. and if challanged say you assume it was for communal use after the sports ground closed. To keep it friendly suggest a doubles badminton match.

(Actually, probably best not to do this!)

Yes agree. Maybe a few years ago before GDPR law was applicable, but now data breaches by council officers would be an extremely serious offence.

Compensation in the thousands can be claimed and councils in particular would be very aware of this.

@Origamiheaven , I don’t have any advice for you but I just want you to know that if I were in your situation I’d be miffed too. You must know who the land owner is as you bought from them, I’d be letting them know they have squatters.
I really don’t understand the attitude so many people have towards honesty, they appear to believe that so long as you can get away with something then it’s ok to do it. You did all the right things in order to extend your garden your neighbour wants the same benefits but doesn’t expect to pay for them. People like that make me sick. Please tell the land owner, I hope she’s made to remove her belongings from this land to which she has no right.

This is totally incorrect - the OP is not talking about a boundary dispute.

The inclusion of non-residential land into a residential curtilage needs planning permission for a change of use.
Permitted development rights for things like sheds only apply within the residential curtilage. If a shed has been built on land that was not part of the curtilage, PP would be required.

If you are on a local Council planning committee, please ask your Officers for some training. Whilst the Council is unlikely to get involved in boundary disputes (unless Council land is involved), the rest of the quote is completely incorrect.

Tell the land owner if you know who it is.

Our row of houses back onto open land used as recreational land for the town, over the years people have extended their gardens into it, some by a lot (they were big gardens already), recently the land owner clamped down and sent out surveyors to put the boundaries back to where they should be. It is irritating when you see people blatantly stealing land like that. Some of the houses had changed hands several times so I assume the buyers just ignored the obvious discrepancies in the boundaries. One person had fenced in a paddock area and put stables up in it, amazing how entitled some people are.

Hmm, op, what's happened with the rest of the land that wasn't purchased by you? Is it just derelict?

I can't see the council doing anything tbh, unless the land is owned by them, but it wouldn't be the planning department who deals with it

Blimey a paddock and stables is very blatant.
They may have got away with such things in the past but now councils use modern technology, LIDAR, GIS mapping and aerial photography to confirm and check boundaries.

Hi. Thanks for the reassuring replies that I am allowed to feel a bit miffed. Since we completed the sale (it was 15 years ago) I understand that the land has been bought by property developers. (I think) defo not the same owners

Ah, if you were so inclined, you could download the title deeds for the land, and find the developers' contact details.

But I'd be moving anyway, with a possible housing development being built next to me now planning rules are changing...

It's always very frustrating when other people get things dishonestly that you have gained legally and at cost to you - whether it's a scenario like yours or, say, people claiming benefits that they aren't entitled to by deliberately making false declarations.

The thing is, though, that you have peace of mind and the personal assurance that you did everything right. You don't have to worry about keep looking over your shoulder; or getting a court summons or a demand for compensation/damages in the post at any stage.

Anything you build/keep on your land can't (legally) be taken away from you. When you come to sell the house - or if it's your forever home and the title passes to your children when the time eventually comes - there will be nothing whatsoever for you or for them to fear or risk.

Your neighbour may well get away with it for a long time, but it will be found out eventually. As PP says, the fact that she was offered the chance to buy it from the rightful owner means that she can never claim adverse possession, as though it were unclaimed/wild land.

She will never have the same peace of mind about her stolen land as you have in perpetuity about your legitimately purchased and owned land.

You can download the title register and plan from Land Registry for £7.00 each (it's gone up a lot - used to be £3.00!).

How long has the neighbour encroached on the land? The developers may realise that they have when they come to do surveys etc and take action.

About 4 years - in stages

@Origamiheaven
Okay so not enough time for an adverse possession claim (10 years for registered titles) if indeed they could submit one.

If you are still aggrieved, you could find out who the developers are by obtaining the title register and plan (so you can check extent). Create an email address and send a copy of the plan to the developers stating that you believe part of their land has been encroached upon. They still do have to adhere to GDPR but I would send anonymously just in case!

The neighbour is still flouting planning law as a residential garden is a different category than recreational land so in breach. Council won't check ownership though (I think they should however!).

Have a look on Google Earth - has anyone else along the street encroached? Oh and how big a piece of land is this? How much did you pay for it?

I'd do nothing. It's frustrating she's getting for free what you paid for but you know when you sell and in the future you are protected and she'll possibly hit issues.

You've also got the garden you wanted for the amount you were willing to pay - I don't dwell on what she's done/is doing.