christianbeccy

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About christianbeccy

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  1. Glad I battled for a deal that didn't require one and will stay well away for the forseeable.
  2. Thanks for your input everyone. Can anyone recommend a good property lawyer that could comprehensively analyse my legal responsibilities? Also, what should I expect to pay?
  3. See that's where I'm curious. It does mention a Single Dwellinghouse, but if the plots were split, there would only be one Dwellinghouse on the Title number that the original agreement was drawn up with, so if the rights were inherited, each plot would indeed only have a Single Dwellinghouse. I realise I need legal advice, see last post for how I've been shafted there. Groan.
  4. Yes, the then owner of our house (my Grandmother and Husband - both now deceased) and the neighbour jointly bought an old access lane that ran between them. The legal decision was to split the land so that our property took the upper end of the lane, the other took the lower end. They didn't realise until well into the conveyancing process that the portion of land was a little bigger than expected and stretched across the driveway, therefore access would be affected. One or the other would have to grant access or have a dual ownership situation of some sort, so for simplicity they decided to do it this way. Both pockets of land had their own title number. The land adjoining our house was eventually merged into the whole plot and it's individual title number was done away with. The neighbours part I guess couldn't be because that would affect the grant of access that had been legally provided. At the moment we have legal rights to pass the strip to access our property whilst it is a Single Dwellinghouse, but if they had merged it, I guess it would be hard to deal with so as not to end up giving us the right to cross any part of their property. I did instruct a solicitor last week to inspect the Deeds Covenants, but he has kinda hoodwinked me by pointing out that this is 'out of scope' for his current remit, so he needs another chunk of money. I was under the impression that he would break down all the restrictions placed upon us, but it hasn't turned out that way at all. Annoyingly, my query was assigned to a Solicitor operating at Director level (who knows why?), so any additional labour hours are at Director rates (£250+VAT/hour). Yes, that's what I'm hoping for. In fact we're subject to 2 separate access agreements and if one or both does get inherited, I feel that we're in a great position. I might be ignorant, but I think the access is the challenge for us, we have so much scope for flexibility in the plans. If we get to do our build and everything goes our way, I'm unlikely to bother pursuing the boundary issue. The plot is very big and we'd probably sell the part affected by the land-loss anyway. I don't know when the fence went in, I'd guess the owner of the other property doesn't either. It's timber posts and PVC-coated chain link, in good repair, so I can't imagine it's that old. My guess is that it was put in within the last 10 years, my Grandmother was quite old and if anyone wanted to do anything, she was pretty compliant. My guess is that the neighbour asked her and she just told them to get on with it. In fact part of it is a little in our favour (only about a foot wide strip by my reckoning). Of course I'd be happy to lose the bit we've gained if we gained the bit we'd lost. As for the financial aspect, I know the risks with people getting greedy. Nothing we can do though, just pray that we don't actually NEED them to agree anything, if the rights get inherited. As for the boundary, if I did ever choose to pursue it after the event, it would be on a conversational basis only. For the reasons mentioned above, if we get to build, this would be incidental.
  5. We're currently trying to get our heads around the legal aspects of splitting our property into 2. There is a "Ransom Strip" situation across our drive, whereby our immediate neighbour owns a strip around 20ft wide that we have to cross to gain access. It was an amicable agreement made in the late 80's between 2 friendly neighbours as the easier/cheaper solution to prevent dual-ownership of the piece of land. Of course, now owners have changed, it's circumstances mean nothing. We haven't spoken with any of our neighbours yet about our potential plans, but want to start having those conversations soon. The neighbour that owns the strip in question seems nice enough, but of course I'm sure will obtain legal advice on our situation when we land it upon them, which may end up with them being told the beneficial situation they are in. What has emerged though is that we have discovered a fairly substantial boundary error. A fence has been placed on our side of a hedge that, by measurement appears to be ours. The discrepancy is around 4-6 feet at one end, tapering off to 1-2 feet at the other end, along an 80ft length, so pretty significant in terms of area. Could this be a valid bargaining tool if the discussion goes that way? In other words, can we propose to gift them the lost land in exchange for an amicable solution to the Ransom Strip? Of course, we want this to be our 'trump card', it is possible she might agree to grant us access for the new property without any bargaining, in which case the land loss situation can just sit there until the build is done as it's not really detrimental at the moment. Here are the 3 possible solutions as I see it, in order of preference for us - 1. She simply grants us like access for both properties with no mention of the land loss. She is quite friendly, we get on well and our development will in fact bring some positive changes that I know she'll be keen on. 2. In return for the lost land, she agrees to give us a piece of land of the same area at the entrance of our driveway, thus removing the legal ransom strip. I need to calculate this to make sure it's viable, but it works in principle. I think we'd both leave that part of our driveway unfenced as it currently is to aid convenience, but we'd have the security of knowing we can never become landlocked, even if future owners decide to make things difficult. 3. She grants our access in return for the land we've lost, with the boundary being adjusted legally. Everything on the ground remains the same. Edit - In fact, what would be even nicer is if the wording of the Grant of Access is such that its benefits get passed down the newly created title, but we won't know that for sure until we get it legally inspected I guess. Anyone got any thoughts to add on this? Thanks in advance.
  6. I had a Topographical Survey carried out on my 1-acre property/plot a few months ago. I kinda thought these were the gold-standard of accuracy and the foundation upon which Architects design properties and planning submissions are made. I thought that discrepancies of more than a few centimetres or even millimetres could spell planning trouble. Not sure if my expectation is too great? The outcome of the Survey we had isn't quite as I expected. Granted parts of the plot were, at that time, inaccessible, but there are features on the survey that don't really add up. For example... We have a lot of trees, but there are certainly many that have been missed and not all can be blamed on inaccessibility (a circa 40-50ft Hornbeam isn't on there, despite the fact that it is pretty much in full view) There are 2 instances of trees 'double plotted' (shown as 2 trunks/canopies side-by-side, when in fact there is only 1) Fence-lines that appear straight to the eye, really don't look that way on the survey I ideally want the Surveyor to overlay the old plot outline measurements (that I now have but didn't before) to enable me to see if the fences are in the right place, but is this even too much to ask? I have the him coming back this week to re-look over it and I need to use his measurements to underpin at least one boundary query, so I need to know I'm working with a level of accuracy that can be depended upon, but I don't want to call this guy out if he's doing what is expected.
  7. Where do I see this map? We bought the title plan and register a few months ago, but only resulted in a PDF showing the general boundary...
  8. All I have is the Title Plan for both properties, neither of which offer anything other than a scale plan at best, but with no measurements, unless I've missed the obvious? One of the lengths of boundary is shown as having a very slight curve to it, I'm proposing straightening the line for ease of fencing, but also because I can't see how we'll ever place a curved boundary accurately. Is there another method for defining boundaries?
  9. We have about an acre of land and part of our boundary is shared with a local church. It just happens to be the only part of the boundary that is not properly fenced and it's true location is very unclear. Over the years it has become VERY overgrown, we have put a lot of work in to clear it. I arranged a meeting with one of the official church bods, put forward the results of my research/opinion and he agreed to discuss the matter at the upcoming church meeting. This has now taken place and they have agreed to my proposed position. Given that this may (or may not) be the 'true' boundary, how do we go about getting this 'set in stone'? I have an incomplete Topographical Survey in progress (halted while we clear certain parts of the land sufficiently). So I plan to get my surveyor back to complete his work and at the same time, get him to add some proper measurements, off-shooting into a sub plan of the church boundary, which I will submit to them and once they are happy, I'll arrange the fence. Although that part of the boundary is not my responsibility to fence, I'm going to do so as a token of appreciation to them for sorting it (it does appear to fall favourably for me). So am I right in saying that once both parties have agreed to the position and we have a plan to document, do we simply ask Land Registry to update their records?
  10. I think 300-400mm and yes I think there is a feasible solution in raising the drive. Part of our proposal to the owner of the drive is that in return for granting access and allowing us to run our services, we would reinstate the driveway to a higher standard than it currently is and has ever been. The challenge would be losing the gain in height back to road level without creating a difficult ramp. As for checking the wording, VERY interesting point. My OH mentioned something to this effect earlier, which I have to admit I dismissed, but in typical fashion, perhaps she/you could be onto something.
  11. All very practical and useful, thanks for taking the time to reply. I did chuckle about your wannabee planner/terrorist. I'm sure there's one in every planning case!
  12. We have a few hoops to jump through before we can split our property to form our building plot. 1. We probably have to use a shared driveway to access it, so we need a grant of access/services from the land owner. The driveway sits within the grounds of another normal residential property and our main house enjoys fairly good, restriction free access via an old covenant. I guess what we are looking for from them is granting the same level of access to our divided plot. I know that leaves us at their mercy and we just need to pray they're reasonable. Luckily for us, their home is a part-time residence for them and sits empty most of the time. There are some other vague access possibilities, but this is the easiest for sure. 2. We unfortunately have a ransom strip scenario with our immediate neighbour. I know these can be tricky, but she's a fairly recent widow and seems very reasonable. She has often said that she finds our little lane very lonely and we have some boundary improvement collateral we can use in our favour, so I'm optimistic there. I know the history of it, it was created as an amicable solution about 30 years ago between neighbours, but of course the owners have now changed. In the nicest possible way, she doesn't really appear to NEED the money. 3. We have an access visibility issue that needs either a conversation with the homeowner of the wall that is slightly too high, or an expert to come up with a practical solution that we haven't yet found. We are prepared to fund the rebuilding of the wall if necessary, but there may be other solutions or loopholes we need to explore before we start throwing money around. I know this all sounds pretty tough, but due to our in-offensive design, flexibility and positioning, I don't envisage any planning hurdles we can't overcome, so the above points are the key challenges to our project. The question is, is it a property lawyer we need to inspect/advise on the deeds covenants, or would a planning consultant (or other expert) be better to look at all of these points along with any other project pitfalls we might expect?
  13. I think I'm going to buy some of the Wolf Garten click system bits. Looks like they have a 2.2-4m extendable pole with various accessories to click onto it, including a lopper, saw and hook. Hopefully I can get most of what I want to do done with that, limiting the amount of time needed atop the ladder.
  14. I was thinking of something like this?