To think that my cheeky neighbour can't sell land he doesn't own (with diagram)

[PinnenStripen]

When the road was built, around 15 years ago, part of the planning permission was that a strip of land had to be left down the side of the road with a larger area at the end of the road as a wildlife refuge for a protected species. It is on all the plans of the road.

A fence runs down both sides of this strip of land, so it is clear where the boundary of the gardens is. At the end of the road, where there is a larger area of protected ground, there is a gate through to this area from the neighbours drive. Other neighbours used to check their garden cuttings into this area, so he put a padlock on the gate (or at least, that's why I assume he did...)

The larger area of protected land is adjacent to neighbours drive, house and garden.

The neighbour has now put his house up for sale and included in the particulars are this wildlife area, listed as an additional plot of land to the side. But HE DOESN'T OWN IT! It's a wildlife area and not his. You can't just randomly grab a piece of land, can you?

What can I do about it? I bet the other neighbours whose gardens also back onto this patch of land don't know about it and wouldn't agree to it.

I am so cross that he is trying to sell the wildlife area.

I've had a bit of experience with this kind of thing after two border disputes. And this is essentially a border dispute. Firstly, though not relevant to your AIBU, just wondering, why are you concerned? Do you want the land yourself or are you concerned that it should be used for its original purpose? Or do you just think it's not fair he gets away with selling that which is not his to sell? Anyway, firstly, adverse possession is, indeed, the unchallenged, SOLE use of a piece of land for twelve years or more (and he will need evidence to prove it e.g. pictures etc). Secondly, someone owns it. It might not be him obvs. Have you checked Land Registry? It's not too expensive to go online and pay to check one piece of land so you can be sure. Regardless of who owns it he could claim Adverse possession of it if he can prove his sole and unchallenged use of the land for a twelve year period. There is a key issue to Adverse possession - you seem to think planning permission was granted on the basis that the strip was left intact - who granted planning and did he subsequently ask permission to use it? If he did ask permission he cannot now claim Adverse possession (Adverse possession depends on you not having been given prior permission to use someone else's land). Another key point, you say that neighbours used it to dump garden waste so he then padlocked it four years ago. Four years is well within the twelve year period for challenging Adverse possession so if you are really concerned I suggest you (and neighbours?) go round and ask for the padlock to be removed so you can use the land for intended communal purposes. Then Document it. Then give the info to the estate agent. If he challenges you, you may need to pass this on to a solicitor (I paid about GBP250 for a border dispute cos I knew I would win and wanted it to go away, so not massively expensive). Finally, the original purpose was for 'protected species' - so are there protected species living there ?(and don't forget, depending on where you live this doesn't have to be bats/newts/hedgehogs etc it could even be starlings nesting) because if there are you should report this to your local planning office immediately.

I have done an online search at the land registry. Which lists the land adjacent to number X twice (all other properties are only listed once), which is odd. But it doesn't tell me who owns the land.

The council maps for finding out polling stations, flood risk etc have the boundaries as per the original deeds.

If the estate was only built 15 years ago then it definitely falls within compulsory registration. Have you done a search of the index map? That will tell you who owns land without a postal address as such.

It should show up on the land registry searches the other sides (purchasers) solicitors will conduct. He can't sell it if it's not registered to him. He will only be able to sell if it's actually registered to him. Are you certain he hasn't purchased the land?

A bit more info from using the planning applications search. Another neighbour applied for planning permission for "change of use from utility strip to private residential garden" for the part of the strip that runs behind their garden.

This application was rejected. The reasons given was that it would be contrary to the objectives of part of the local plan, which aims to resist development which have an adverse affect on protected species habitats. Secondly, apparently the land is also a drainage ditch and fencing in part of it would prevent maintainance and contribute to a risk of flooding.

Have you checked on your local council planning website ? He might have actually bought the land at some point and that is why he padlocked it.
In our street there is a strip of land between about 10 houses and a council owned building. The land is behind their back fences.
These house owners submitted an application to the council to change the use of this strip to be part of their garden's. It went through no problem and they all now have bigger gardens.

Just seen your post about already checking the council website.
I'd be inclined to phone the estate agent and tell them he doesn't own the land and can't sell it. It will change the value of his house for selling.

Oops sorry, just seen you have done a land registry searches but be assured the solicitors cannot act on a sale that isn't registered to the seller.........it would be a very serious breach and unless they are dodgy, they wouldn't risk it.

I want to know because I like that we have a protected species habitat and don't want that ruined. I do also think it is unfair that he could profit from something that isn't his. And suggested uses on the property details are for an extension, or more car parking.

You can apply for planning without owning the land.

But the land will be registered given the age of the estate so the land registry will be able to tell you the owner. Give them a ring.

Then in that case OP, given the previous attempt to commandeer it by another neighbour, and the response, sounds like the usage is pretty clear and he is just chancing his arm by making it look like his property has an added piece of land to try to get people interested in it in the hope they won't found out til they've already been round to have a butchers. In which case, contact the estate agent and tell them the details you've posted here and that if they don't remove them, you'll go to the local authority to report it (plus whatever the estate agents gov body is)

Right- so these are the actions I think I need to take:

Purchase the title register for this land from the land register (do I need to purchase both? Will they be different? Why is there 2 for this bit of land?)

If they don't show he owns the land (and I am pretty sure they don't), then I need to contact the following to make them aware:
-Estate Agent
-Council
-Other neighbours?

It sounds like he is being cheeky. I'd be inclined to photo copy those bits and put it through the estate agents door with ref: x address

Hooray for planning! Pisses me off that every inch gets developed to the detriment of the environment our struggling wildlife and flooding.
So the chances are if he's bought it (doesn't sound like he has) it still can't be developed.
I would be inclined to drop the developers a line to see if he has bought it, you can either be honest with who you are or pretend to be interested in buying the house.

If you want I can check with the land registry. I'm a solicitor who specialises in property. I have a business log in. Pm me the address and I can take a look at map search or do a sim and write the £3 off. Someone upthread said £20 but not sure where she got that figure from? Moody website? Or if you're worried I'm a crank and want to add you to my serial killer hit list, don't!

In adverse possession, what does "use" mean? Because I don't think he has set foot on the land and his only "usage" is his padlock.

He has definately never applied for planning permission for that patch of land.

His solicitors will soon fill him in on the fact that you can't sell what you don't own. He hasn't even got a complete claim for AP.

I wouldn't worry about it, it's never going to get further than the obtaining office copies phase.

And btw, good for you that you actually care about the protected species order. One of my cases recently was based exactly on this, land to be developed in to eight houses even though it was the last bastion of hedgehogs and bats in our little area and also used by foxes, herons, grass snakes, numerous finches, badgers, weasels and owls. I am also getting mightily sick of reading Daily Fail style articles on things like £millions spent just to build enclave for 'insert wildlife species as appropriate'. Yeah, and?

I don't think he's used it / stopped others long enough to gain adverse possession.
Unless he's bought it that padlock needs to come off. If it's a protected species your wildlife trust might be able to give you some pointers at how best to keep it - presumably it needs some kind of maintenance?

Grazing sheep usually (not even joking!).

Yes get title copies. It will state the registered owner. You can then inform them that this bloke is chancing his arm.

And....his solicitor
The estate agent etc...

The more people know the less likely any claim for AP will succeed as more people will challenge it.

This is the conservation status of the species the corridor/area was created to protect:

Protected in the UK under the Wildlife and Countryside Act, 1981, and classified as a Priority Species in the UK Biodiversity Action Plan

I don't know if there are any there anymore though. I have never found one in my garden. There is definately other wildlife there though, like hedgehogs as I have seen them waddling in.

In answer to question, no idea why there are two, sounds like an application to change it in someway has been made so you do need to see both. Yes if he doesn't own it, all those people plus (sorry) probably a solicitor specialising in land ownership (if your serious about stopping this). Use means anything he says it means tbh, he could say he's been looking at it for years, or been walking on it for years (and say you just haven't seen him) in this case it's not particularly relevant if you suspect he's going for Adverse possession. One other thing I forgot to say, Adverse possession also requires the piece of land to have been 'fenced' in or some other way bordered off, that's why the mention of the padlocked gate made me suspicious. If you/neighbours think you can prove that's been a recentish (4yrs) thing you need to challenge it ASAP

He knows what he's doing.

My dad wrote "There is a sure fire way of reviving the fortunes of rare native species, plants, insects, birds and especially amphibians. Find a piece of land that by topography ought to be where the rare species should reside and apply for planning permission. It’ll do the trick every time."

This thread made me remember it

Thank you SouthPole, that's very kind. Only do it if you can look for free?

Also, it says "price paid/ value stated data: No". Apparently this is because it hasn't been sold since 2000 (which doesn't suprise me and makes it less likely he bought the land). Will the information still show who owns the land?