What would stop planning??

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    What would stop planning??

    Hi guys thanks for taking time to read this. Long story made short, I have taken posession of old agricultural land ie adverse possessor all my homework led to previous owner died with no next of kin 60 years ago unregistered. I have come across some angry neighbours asking my business ect ect and I have asked them are you the owner and if your not please don't cause me hassle. They have all said to me ohh you won't get planning there you know as it's a brownfield site..and another lady today said the same..the 2 fields I have occupied are empty and full of bracken that I am in the middle of clearing and turning back to decent grazing land..the land had a road to the rear with houses to the left and right of each boundary end and below the patch I possess baisicly houses all around the land I possess.my question is what would stop me getting planning for a house in the future if I did decide to go for it??and how would they know that?Regards

    #2
    You can take a plan of the land to the local authority and enquire how it is zoned. If you are lucky your local authority may have the information online.

    Comment


      #3
      Brown field suggests contaminated to me, In which case you could poison anything that grazes on it.

      Comment


        #4
        Thanks for your reply guys very appreciated,the thing is one old man said brown field site, I have no idea in this area of what that was untill it has been explained by leaseholder64!! As far as I know through local knowledge it's virgin land never been developed or had a building as simple as a cowshed on it..it's been used for grazing/owner died and left all these years 60 or so...is this a old wife's tale to scare me off you think?As I can't understand what issues would or could stop planning for residential building of any sort?other houses use the same B road to access their properties sorry to go on hear guys but can you give me an example of the clauses or any other things that can effect the application..by the way it's not SSSI land or protected in any way

        Comment


          #5
          Is your adverse possession registered with Land registry & are you now thus the owner?

          It is of course possible he's trying to put you off.....
          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...

          Comment


            #6
            I can't understand what issues would or could stop planning for residential building of any sort?
            Your Local Planning Authority will have a Local Plan that can be viewed on-line that sets out the policies that will be considered if a planning application is made.
            Often there are maps of each village or town showing where land is acceptable for development purposes.

            In my area each map shows the settlement envelope and a thick black line is drawn to show that within the identified settlement envelopes certain types of development are encouraged.

            If the land you are referring to is agricultural land outside a defined settlement envelope the chances of building houses are not very good, whoever owns the land in question.

            You should read as much of the Local Plan as possible to try and understand the answer to your own question.

            Comment

            Latest Activity

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            • Adverse possession
              michael8626
              Hi

              If somebody was occupying land in adverse possession for a period of say 2005 to 2015 but never made a claim and then the land owner used the land for some time in 2016, then the original person in AP occupied from 2017 to date could they still claim AP with the Land Registry?
              ...
              11-10-2019, 13:38 PM
            • Reply to Adverse possession
              Jon66
              There are transitional rules, it's in a practice direction. The dates are v important. Just google it....
              14-10-2019, 02:02 AM
            • Reply to Adverse possession
              michael8626
              Also Jon, I think I might have my dates wrong and this relates to just before this act was passed, so I might be under the old AP rules, did they differ much under the new system?...
              13-10-2019, 23:20 PM
            • Reply to Adverse possession
              michael8626
              That’s great Jon, thanks. I will have a read. Am I right in thinking the law changed regarding AP around 2002/2003 or was that just for unregistered land?...
              13-10-2019, 23:12 PM
            • Reply to Adverse possession
              Jon66
              Perhaps your solicitor should respond to the other side drawing their attention to the additional requirements the applicant will have to fulfil under the LRA 2002 Schedule 6 paragraph 5, because any application under para 1 will be vigorously defended as neither do they fulfil that criteria either....
              13-10-2019, 21:40 PM
            • Reply to Adverse possession
              michael8626
              Yes, I think that’s where we are at. Bring the situation to a head or hopefully to a close....
              13-10-2019, 21:22 PM
            • Reply to Adverse possession
              Jon66
              Read in full the land registry practice notes on adverse possession of registered land post 2002, and pay particular attention to point 7, which is a good starting point. You might find a direct access barrister of more use, Liz England or Rowena George are two good ones, or instruct your solicitor...
              13-10-2019, 20:58 PM
            • Reply to Adverse possession
              michael8626
              Thank you for all the replies. I have employed a solicitor as this originated from a land dispute. It just seems difficult to get a definitive answer. We just seem to keep writing letters ‘referring to comments from my previous letter’ and going round in circles. The only winners at present are...
              13-10-2019, 12:00 PM
            • Reply to Adverse possession
              jpkeates
              I agree that you need an expert, but there's a substantial difference between 10 years non-contiguous year's of possession and 10 years with a gap during which the actual owner had possession. The owner's possession would seem to end the previous period of adverse possession and a new period begins...
              13-10-2019, 09:13 AM
            • Reply to Adverse possession
              nukecad
              I wouldn't think so.

              AFAIK they servre the AP, you contest it as the legal owner who has used the land and that's it.
              You are still the legal owner, you still have an interest in using the land, a trespasser can't just claim it now, although they might have been able to earlier...
              12-10-2019, 19:23 PM
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