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Building access/driveway on council land

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chris-red
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PostPosted: 13:20 - 25 Nov 2015    Post subject: Building access/driveway on council land Reply with quote

Hi all,

Long story short I'm buying a house and want to build a garage round the back.

Attached photo shows the back of my garden and where I want my Garage.

Ideally I want to build a garage parallel to the house in the picture with entrance stopping where the neighbours blacktop is. I then want that grass bit to be my drive.

I have run Land Registry searches and the house there does not own that land their boundary is the blacktop. I assume that council own it then.

What is the best way to go about turning that grass into my driveway.

Try to buy the land from the council?
Ask them to extend the red brick drive?
Just extend the red bricks to and hope no one notices/gives a shit?

Any one with ideas experience in this's opinions will be appreciated.

Awful paint drawing attached because I know how much you love those.

https://www.bikechatforums.com/download.php?id=96646
https://www.bikechatforums.com/download.php?id=96645[list=][/list]
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MCN
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PostPosted: 13:37 - 25 Nov 2015    Post subject: Reply with quote

Most councils have the opinion of once sold the ground is lost.
But since most councils are financially strapped they may be more open to offers of cash for land.

|Especialy if the land is of little significant value for new development.

Ask the council office they will help. Most will help.

Biotex is good for those Nets too. Wink

Razz
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Polarbear
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PostPosted: 13:51 - 25 Nov 2015    Post subject: Reply with quote

Where does the land registry show your property finishing, the edge of the red brick?

I would have said your property goes up to the hedge form looking at the boundaries there. Or, do you not own any of the grass and your drive is over common land?

Can you put up the relevant land maps?
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MCN
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PostPosted: 14:13 - 25 Nov 2015    Post subject: Reply with quote

Polarbear wrote:
Where does the land registry show your property finishing, the edge of the red brick?

I would have said your property goes up to the hedge form looking at the boundaries there. Or, do you not own any of the grass and your drive is over common land?

Can you put up the relevant land maps?


There are cases of minuscule strips of land owned by councils.
Surveyors only say wot they see. And if nothing is queried/agreed then a dispute can arise.
My friend had to negotiate with Glasgow District Council to get approximately 18" of land at the side of his house. The land was never built on before and was never previously owned but the bureaucracy took years to resolve.
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chris-red
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PostPosted: 14:15 - 25 Nov 2015    Post subject: Reply with quote

Polarbear wrote:
Where does the land registry show your property finishing, the edge of the red brick?

I would have said your property goes up to the hedge form looking at the boundaries there. Or, do you not own any of the grass and your drive is over common land?

Can you put up the relevant land maps?


According to the land registry title plans..
My boundary is indicated by the fence(well bushes!)
The neighbours is the blacktop.

The grass and rebrick area is, I assume the councils I have been trying to find out how to find out who owns it. Although something I read suggested contacting the council to ask is not a good idea because the fact you are asking them gives them extra powers if they do not have a it registered (or something like that)

I can post both plans if it'll help but think I have explained it well enough, I'll have to edit them though as it is literally a map to my house.
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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Tracey Suntan-King
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PostPosted: 14:18 - 25 Nov 2015    Post subject: Reply with quote

the quality of BCF legal advice is of course second to none. Particularly if the tits/Gary/back door clause needs to be invoked.

However, you've got a solicitor dealing with this why don't you ask him?

Otherwise, ask the vendor who has been mowing/maintaining the plot you want to use. If the vendor can show that they have looked after it for a long period (I think it's 12 years) then you as the vendor's successor can claim ownership. it needs a solicitor to do it though. Its called defective title or adverse possession. I've done it.

However, I refer you to my original advice, ask your solicitor.
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MCN
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PostPosted: 14:28 - 25 Nov 2015    Post subject: Reply with quote

What ever you do, FFS DON'T ask a solicitor. Smile

Yours sincerely,
MCN

(A Member of the Chartered Associates of the UK Tits and Gary Advisory Council.)
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Polarbear
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PostPosted: 14:34 - 25 Nov 2015    Post subject: Reply with quote

Certainly +1 for don't alert the council to anything until you are sure what is actually in your best interests.

Sometime it's better to let sleeping dogs lie.

(EDIT) Especially if your predecessor put the red brick drive over council land without asking/informing them.
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chris-red
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PostPosted: 14:48 - 25 Nov 2015    Post subject: Reply with quote

Polarbear wrote:
Certainly +1 for don't alert the council to anything until you are sure what is actually in your best interests.

Sometime it's better to let sleeping dogs lie.

(EDIT) Especially if your predecessor put the red brick drive over council land without asking/informing them.


They are my neighbours not predecessors, mine is on the right out of shot

Here is another poor paint drawing.

Blue - My Boundary
Purple - Neighbour Boundary
Orange where I want my garage
Brown drive required
Black is neighbours front garden
Red is red bricks
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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Minty
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PostPosted: 14:54 - 25 Nov 2015    Post subject: Reply with quote

Dunno the legalities of it but I'd be fuming if my neighbour wanted to do that. Expect noses to be out of joint.
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yen_powell
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PostPosted: 15:10 - 25 Nov 2015    Post subject: Reply with quote

The road the red brick (and your future) drive exit on to, is it adopted public highway or an estate road owned privately or by the local council as a private estate road?
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chris-red
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PostPosted: 15:21 - 25 Nov 2015    Post subject: Reply with quote

yen_powell wrote:
The road the red brick (and your future) drive exit on to, is it adopted public highway or an estate road owned privately or by the local council as a private estate road?


Public highway however drop kerbs are in.
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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chris-red
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PostPosted: 15:22 - 25 Nov 2015    Post subject: Reply with quote

Minty wrote:
Dunno the legalities of it but I'd be fuming if my neighbour wanted to do that. Expect noses to be out of joint.


Why?

It won;t need planning permission either as it is under 2.5meters
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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nowhere.elysium
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PostPosted: 15:24 - 25 Nov 2015    Post subject: Reply with quote

chris-red wrote:
Minty wrote:
Dunno the legalities of it but I'd be fuming if my neighbour wanted to do that. Expect noses to be out of joint.


Why?

Perhaps they're happy with the vegetation being there, as opposed to some new guy's garage door.
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Minty
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PostPosted: 15:27 - 25 Nov 2015    Post subject: Reply with quote

You would be changing the whole aspect of the front of your neighbours house and put your drive alongside his.

Add to that, taking away the bit of grass (rightly or wrongly) that he sees as his and has possibly been mowing since Grandad first bought the property 75 years ago.

IMHO
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chris-red
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PostPosted: 15:30 - 25 Nov 2015    Post subject: Reply with quote

nowhere.elysium wrote:
chris-red wrote:


Why?

Perhaps they're happy with the vegetation being there, as opposed to some new guy's garage door.



Garage or no garage we are tearing all that shit out anyway, it is overgrown and breaking the fence.

It will fit with all these criteria...

Quote:
Planning permission is not required for a detached garage or car port provided that:
1. The garage is used for domestic purposes only.
2. The ground area covered by the garage/car port and any other buildings within the boundary of the property, excluding the original house, is not more than half the total area of the property.
3. No part of the garage is in front of the principal or side elevation of the original house that faces onto a road.
4. The maximum height of the garage/car port is 4 metres.
5. The maximum eaves height of the garage/car port is 2.5 metres if it is within 2 metres of the property boundary.
6. No part of the garage is within 3.5 metres of the boundary with a road to the rear of the house.
7. If you live in a house within a World Heritage Site, area of outstanding natural beauty or National Park the maximum total area of ground covered by buildings situated more than 20 metres from any wall of the house does not exceed 10 square metres.
8. If you live in a house within a conservation area, World Heritage Site, area of outstanding natural beauty or National Park the garage is not situated between the principal or side elevation of the house and its boundary.

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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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chris-red
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PostPosted: 15:31 - 25 Nov 2015    Post subject: Reply with quote

Minty wrote:
You would be changing the whole aspect of the front of your neighbours house and put your drive alongside his.

Add to that, taking away the bit of grass (rightly or wrongly) that he sees as his and has possibly been mowing since Grandad first bought the property 75 years ago.

IMHO


The Driveway isn't his, my garage will be alongside his front garden and will be no higher than the plants/fence that are there now.
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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MCN
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PostPosted: 15:38 - 25 Nov 2015    Post subject: Reply with quote

chris-red = BCF's Neighbour from Hell

Very Happy

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Minty
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PostPosted: 15:39 - 25 Nov 2015    Post subject: Reply with quote

Easy way to garner their thoughts.

They will of course see that as 'their' drive (not legally). Hence thems parked on it.
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chris-red
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PostPosted: 15:43 - 25 Nov 2015    Post subject: Reply with quote

MCN wrote:
chris-red = BCF's Neighbour from Hell

Very Happy

Karma


In that if it is within my rights to do something I won't let a frowny curtain twitcher stop me, then yes. Laughing

Obviously I am going to speak to them before hand to address any concerns.
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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Polarbear
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PostPosted: 15:46 - 25 Nov 2015    Post subject: Reply with quote

Ah ha, I thought yours was the house with the drive, my bad.

I have to agree with Minty, If I lived there and someone stuck a garage where you plan yours, I wouldn't be happy whatever the legalities.

I suppose, if your garage is totally on your land they can't do jack shit, but if they go complaining to the council if you make a drive, prepare for a prolonged war Laughing
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chris-red
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PostPosted: 15:50 - 25 Nov 2015    Post subject: Reply with quote

I honestly wouldn't have a problem with someone doing that if I lived there, it's not going to block any light and if anything will be better for them as there won't be loads of overgrown foliage spilling on there property.
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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Polarbear
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PostPosted: 15:52 - 25 Nov 2015    Post subject: Reply with quote

Then make sure you talk to them before you start anything. Communicate on what you plan and they might be quite happy with it. Thumbs Up
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Minty
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PostPosted: 15:52 - 25 Nov 2015    Post subject: Reply with quote

Tell them that when you mention it. Let us know how you get on.

Or were you going to just kind of do it without mentioning it to them?
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chris-red
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PostPosted: 16:10 - 25 Nov 2015    Post subject: Reply with quote

Minty wrote:
Tell them that when you mention it. Let us know how you get on.

Or were you going to just kind of do it without mentioning it to them?


I was always going to talk to them about it.

Ask what they think about doing the driveway bit and if they don't have a problem do it.

If they do I'll see about my options with the council.
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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