Council removing dead land and giving it to the Council houses on our border! Help!

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    Council removing dead land and giving it to the Council houses on our border! Help!

    Hello, I’m new here but was sent to these forums for some advice.

    Essentially, the west face of our freehold property has a 6 foot wooden fence running along the boundary. On the other side of this boundary was/is around a 4 metre wide area of what the council refers to as “dead land”. The land has proved a nice privacy enhancer for our property.

    The other day we found out that the council have decided to remove this land and gift it to the housing association properties in the form of bigger gardens it seems. The issue being that this means the houses now border directly on to our fence. It should be stated we received NO NOTICE WHATSOEVER that this was happening until it happened, and only found out when 4 young kids started clambering over the top of our fence and hanging into our garden.

    obviously there are bigger problems in the world, but for our house which used to be separated from all properties on that estate to now directly border 5 of them, including 2 houses which are what you’d call horrific neighbours is really quite angering.

    I come here for any hope of a way to foil this plan in its footsteps; potentially to claim the land as our own (considering it’s free according to the council) or to prevent the building directly on to our face, and ultimately to keep our garden private and free of the clambering, the throwing of random **** and the incessant noice that occurs constantly as a result.

    thanks in advance!

    #2
    Council is entitled to give such assets as it wishes to whomsoever it chooses - provided it acts within it's own rules, laws etc. (Just as I or you may grant such as assets as we wish..)
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      This is a grand idea and one we will definitely look into. Have a meeting with the council estate officer tomorrow, if it goes sourly then this will definitely be the avenue we will take considering our local MP is a tory who is desperate to cling on to their seat

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        #4
        If all else fails plant a line of thorny bushes .......... like pyrochanthia

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          #5
          I think your complaint is a non-starter. This is what Councils do - give stuff to "horrific" people who have never earned it and plonk them next to nice people like you. Some of them are deserving - others less so.

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            #6
            Andrew I can’t tell if you’re being sarcastic, so I’ll presume you aren’t. I have absolutely no issue with the council using dead land to expand gardens for council houses, it doesn’t bother me in the slightest. But why should said houses be granted by the council to now have access, use and potentially abuse our fence line which we spent a lot of money on, whilst we have received no notice whatsoever of any of this? I don’t know about you but that doesn’t sit right with me.

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              #7
              The main point here is that when it comes to land ownership the council is not in any different position to any other landowner. If the land belonged to a developer and they decided to give the land to the owners of house they had sold to extend their back gardens they would not need to consult you or give you notice. The same goes for the council.

              Under land law there is no such thing as a right to privacy so you cannot claim any such right over the land even if it has effectively been a "privacy enhancer". There is also zero prospect of claiming the land as nothing you have said indicates you have done anything which amounts to adverse possession.

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                #8
                If the deal's been done I don't think there's anything you can do about it now but the council hasn't behaved like any other land owner. If it was mine I'd have tried to sell it to OP before I gave it away. Unless there's anything that says the council has to get best value for it's assets?
                A strand of electric on top of fence should stop them hanging over it (there must be a notice so they know it's electrified).

                Comment


                  #9
                  Originally posted by royw View Post
                  A strand of electric on top of fence should stop them hanging over it (there must be a notice so they know it's electrified).
                  Seems rather over the top. Anyway, something not to be contemplated without going onto what is allowed and required.

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                    #10
                    Originally posted by theartfullodger View Post
                    Council is entitled to give such assets as it wishes to whomsoever it chooses - provided it acts within it's own rules, laws etc. (Just as I or you may grant such as assets as we wish..)
                    Not true of course, it's public ownership and the council must achieve best possible value for it's council tax payers and consult appropriately .

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                      #11
                      Originally posted by Section20z View Post

                      Not true of course, it's public ownership and the council must achieve best possible value for it's council tax payers and consult appropriately .
                      In this case the council has not disposed of the asset. It is in fact putting it to better use.

                      Comment


                        #12
                        Originally posted by Section20z View Post

                        Not true of course, it's public ownership and the council must achieve best possible value for it's council tax payers and consult appropriately .
                        'sfunny how so many councils fail to do this with so many of their assets for so, so many years. And F A is almost always done about.

                        Just read the "Rotten Boroughs" page on Private Eye. See e.g. this brief list (this issue)

                        https://www.private-eye.co.uk/rotten-boroughs


                        Sigh!
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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