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Can't work out who owns a small strip of land at front of our property...

30 replies

clevername · 21/03/2017 20:31

Hi all

Hoping someone might have an idea about how to get to the bottom of this problem...

We recently bought a property at auction that will require planning permission for change of use (it is a former chapel) to convert it into a house. The property is currently 'land locked' apart from a foot path and we're hoping to get access for a drive onto the road.

Thing is, there is a small strip of land about 6 foot wide that runs along the front of the property that isn't ours and we can't figure out who it belongs to! We've tried land registry, parish, local and county councils (including the highways division) and everything draws a blank.

The land is regularly mown (by the parish council), has a bus stop, bench and a couple of BT Open Reach boxes on it so it so it definitely looks like 'community' land (rather than privately owned). We could be wrong about this (it's feasible it's a ransom strip) but the lack of land registry info/local knowledge (it's in the kind of village in which people know a lot about each other!) is baffling. I'm beginning to think the land doesn't actually belong to anyone...

Anyway - does anyone have any advice about how to proceed? Are there any avenues we haven't explored? What if the land doesn't actually have an owner?! How would we then prove that and 'claim' the bit we need for our driveway?

Obviously our local council won't let us put in the application without permission from the land owner (assuming, of course, there is one). Aside from applying for planning without the access (which we don't really want to do at the moment), or just going ahead and making a 'site' access anyway (as a few people have advised!) we're stuck.

Thanks for any help/advice you can offer.

OP posts:
MagdaS · 22/03/2017 23:00

You need Cert C for the planning form - you know who owns part of it (you) but then serve notice via a press ad for the rest which is unknown. You need to put the press notice in at least 21 days before you apply.

I'm not quite sure why the county council are 'allowing' you to apply with the permission of the parish. Anyone can apply for planning permission on any land, whether they own it or not. You might not get permission from the landowner to implement a planning consent, but there is no means to stop you applying, or for the LPA not to grant the consent on the basis you don't own the land.

MagdaS · 22/03/2017 23:01

LPA = Local Planning Authority = Council

(still at work in my head Grin)

SilverBirchWithout · 24/03/2017 01:24

Make sure you are speaking to the right people at BT Open Reach. It won't be the normal customer services team who have the records. They will have a property/legal services team that should have the info.

clevername · 17/04/2017 23:33

Never got round to thanking you all for your help... sorry!

Anyway, we're now ready to put the ad in the paper - does anyone know the wording we should use (the local paper hadn't a clue)? Does it have to be official and legal-sounding or does that not matter?

Will something like the following placed in the public notices section suffice:
Notice is hereby served that the unregistered land to the front of xxxx in xxxxx will be subject to a planning application for a driveway to access xxxxx property. If the owners of the land (currently unknown) would like to discuss this, please contact xxxx.

Thanks again for any help you can offer.

OP posts:
clevername · 18/04/2017 00:41

As you were... I've just found the form I need to get this done.

OP posts:
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