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Turn part of field into garden

16 replies

Ikanon · 23/02/2018 19:44

We've offered on a house with a small triangular garden next to a big field. Looking at Land Registry information several houses in the past have bought bits of this field to increase their garden. However there was a planning issue locally about a year ago where a man tried to claim that he'd bought and used part of another field as his garden for long enough for it to be considered within the curtilage of his house (or something similar; I'm not an expert!) I know his garden and to my mind what he did was no different to what others have done, buying a bit of a field and turning it into a garden. What do you think my chances would be of doing the same? (the land owner looks to have done it lots of times before in small parcels so I'm assuming he'd be happy to do the same for our house). What restrictions might be placed on the garden? We'd use it to extend the house.

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stillgoingstrong · 23/02/2018 21:23

The planning issue sounds like 'change of use'. The field will be classed as agricultural, and legally you would need to apply for a certificate of lawful use for it to be used as garden.

It sounds like others have turned a blind eye to this, have done it anyway and have got away with it. It's surprising this wasn't thrown up when this particular man had a problem, but it could just be that he decided not to take it any further because he didn't want to upset his neighbours I suppose.

If any of them wanted to sell their houses they might come a cropper because technically the land can't be used as garden unless it has a certificate of lawful use declaring so.

I'm not a solicitor but I am a surveyor so I do have a background in this stuff, but if you do decide to buy some of the field your solicitor should be able to explain more specifically.

stillgoingstrong · 23/02/2018 21:25

Just to add - when I say they might come a cropper if they want to sell, they would most likely just apply for a certificate of lawful use retrospectively. I've made that sound quite dramatic when really it's not!

Sensus · 23/02/2018 21:35

The land would currently be categorised as 'agricultural', in Planning terms, so all you could legally do with it would be things consistent with agricultural use: growing foodstuffs keeping chickens, perhaps.

You certainly couldn't extend the house onto it without Planning Permission (even if the extension would otherwise be classed as Permitted Development).

The Planning rule you mention is that if you can prove that land has been used for an unauthorised purpose for at least 10 years, that use becomes lawful (and you can apply to the Local Authority for a 'Certificate of Lawful use'). Do bear in mind that this is not the same as having Planning Permission for that use, though - it's more an immunity from enforcement action and only remains lawful for as long as the use is continuous and unbroken.

Planning enforcement tends to be reactive rather than proactive - Local Authorities have neither the will nor the resources to send their Enforcement Officers out cruising the streets looking for breaches of Planning rules - so whether you'd get away with simply absorbing the land into your garden largely depends on whether a neighbour decides to report you.

If you are paying money for the land, I personally would not wish to do so unless I was certain to be able to use it for what I wanted, so if it were me, I'd agree a price with the farmer subject to gaining Planning Permission, then submit the Planning Application (which you can do without owning the land). If you get your Planning Permission, the purchase can go through; if not you walk away with minimal financial loss.

namechangedtoday15 · 23/02/2018 21:36

Buying a bit of someone's field (where it's agreed etc) is completely different than trying to claim adverse possession - if that's what you mean. As far as I know, there are several hoops to jump through before you can claim adverse possession - 1 of which is that you've used it for 10 years.

As far as I can see, if you're considering building on it (you say to extend your house) that's a massive risk.

You need to approach the land owner if you want to buy it - but there's no guarantee he'll want to sell or be able to.

Sensus · 23/02/2018 21:56

"completely different than trying to claim adverse possession - if that's what you mean."

I don't think the OP is talking about adverse possession. We're talking about the rules of 'established use' under Planning, as set out here.

namechangedtoday15 · 23/02/2018 22:01

Sorry! Ignore me....

Ikanon · 23/02/2018 22:54

Very helpful thank you!

I know one of the people who have an added on bit on a separate field owned by the same people. They bought it already added on so I'll ask her what her deeds say as I've talked to her about her extension.

How difficult might change of use be? We can easily live in the house for the time being. It's future proofing it really.

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Sensus · 23/02/2018 23:06

"How difficult might change of use be?"

Difficult to say - it varies from Authority to Authority - but unless you can put up a reasonable argument that either your existing garden is on the small size for the property it serves, or that you need the land to be able to extend the house in a way that meets your current family needs, don't assume that it will be a mere formality.

If they do allow it, there's a reasonably strong chance that they will withdraw some of your Permitted Development rights as part of the approval.

Ikanon · 24/02/2018 06:41

It would be outside permitted development anyway but thank you for raising that as a potential trade off. I think the second of your two suggested reasons would be the angle to go for thank you.

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Balearica · 24/02/2018 08:10

How concerned you are about PP also depends what you plan to use the additional strip for. If you are just going to keep it to grass and let the children run on it maybe neither you nor a future purchaser would care too much (though I agree that a change of use would be ideal).

Jackyjill6 · 24/02/2018 08:13

Also agricultural land costs a lot less than potential building land, so saying you want to use it to extend your garden sounds very different to saying you want to use it to extend your house.

Ikanon · 24/02/2018 09:03

In the interim I'd extend the garden then as the kids get older extend the house.

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stillgoingstrong · 24/02/2018 11:02

@Sensus is spot on.

Just to pick up on @Jackyjill6 's point. I've done numerous sales of bits of land like that and the purchase price has always reflected the maximum value the extra land has added to the house. Also, I'd expect it to have covenants against building so that if you want to build on it in the future you'll have to pay the landowner to discharge the covenant so they get an extra bite of the cherry then.

stillgoingstrong · 24/02/2018 11:03

What I'm trying to say is don't expect to pay the agricultural value of the bit of land you want to buy. If the landowner has his head screwed on it will be a lot more!

Lucisky · 24/02/2018 11:05

My parents did exactly this (many years ago). The stipulation was that the purchased area of field could NOT be used as a garden, and could not be built on. This was okay as it was a wildflower meadow. Planners are usually pretty strict about this.

Ikanon · 24/02/2018 14:03

Thanks so much for everyone's advice.

In summary it's possible the landowner may put restrictions on it which could increase the cost of the land. The planning department could say no and despite owning it I'd have to leave it fenced but no grass (?) for 10 years then it would become my garden. Or they could say yes to change of use, it becomes my garden and I can then build on it going through usual planning permission routes.

Please do correct any of my misunderstandings.

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