Building over ill-defined boundary

[Martin Crook]

Hi

We have seen a house that we would like to purchase, however it's too small for us and would need to be extended. I have had a quick chat with the local planning dept and they indicate that there are no immediately obvious reasons why a planning application to extend the property would be blocked. However the snag is that the plot has a slightly odd shape (curved boundary) and I am now concerned that the extension I would like to do may just cross over the boundary in one corner - that this is the case is not absolutely clear and it is almost impossible to tell from the 1:1250 scale deed map where the boundary actually is - on the ground there is no dividing fence defining the boundary between the two plots, although it is clear that the drive to the house crosses that line in places. We do not know who owns the other plot. I believe the other plot lies outside of the village settlement boundary, which implies that it cannot be built on (this would be very difficult since it is mostly at about 45deg slope!) I believe that planning application may be granted to build regardless of plot ownership, so in principle I could cross the line in the absence of any objection by the owner? However I presume I cannot build over the boundary, because it is outside of the village settlement line? How do I go about getting a definitive answer before I commit to the purchase?

Martin

[Ian Stirling]

Regardless of planning permission - if you are wrong, and the owner turns up a couple of years down the line, there is no way that you could avoid his demands that you remove the encroaching bit.

[Peter Crosland]

Take a look here

and you will see the sort of difficulties you might face. The time to establish the exact boundary is BEFORE you buy.

Peter Crosland

[Rusty]

Planning permission is granted irrespective of ownership. You can apply for planning permission to build on anybody's land anywhere (probably not including royal parks unless you're Prince Charles or Camilla). How you get to acquire the land is a separate issue.

If part of the land is outside the village developement the council will object to that aspect of the plan when you apply, so you would probably get conditional approval, which excludes the bit in question. The council will likely make a site visit with a surveyor to decide exactly where the limit is, if and when you apply. I suppose you then have to find the plot's owner and buy the bit of land if the council thinks its OK.

When you say "plot", it suggest a builder bought it off a farmer some time ago with a dream of building a house on it at some stage.

rusty

[Rob Morley]

Or do nothing and hope to acquire it by adverse possession.

[Peter Crosland]

Remarkably stupid advice that should be ignored.

Peter Crosland

[Rob Morley]

No shit Sherlock.

[rjs]

What steps have you taken to identify the ownership of the adjoing land?

A (free) Search of Index Map at the relevant District Land Registry will provide you with title number(s) - if the land is registered. You can then buy at minimal cost copies of the registers and title plans

for forms and guidance.

HTIOH

Richard

[dg]

Quite simply, engage a surveyor to determine where the boundary actually is.

You say that the proposed work may "just cross the boundary in one corner" - in this case can't you alter the design slightly to accomodate this?

A small projection across the vilage settlement boundary is unlikely to be as big an issue, as something like a complete extension or new building.

dg

[Rick]

I would demand that current seller defines the boundry, and takes out insurance for any costs incurred in the next 50-100 years due to any error the seller may make.

Rick