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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Land Purchasing


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Hi Guys,

 

Couldn't find the right section, or best section to put this.

 

I have a wee question. I live in Scotland, and there is a piece of land at the side of my house owned by the council. I am currently looking into buying this land, but its already taken a few years, and I still don't even have a price.

 

Anyway, the land is fenced, and it has loads of bushes, tree's etc inside it. I have been calling the council asking them to cut it for ages now, and they have still not done it, they have even suggested that its 1 of the local places that own the land and not them. When I tell them that its the council selling me the land, they play dumb. Anyway, I have now been cutting this back for quite a while, but now its turning into a skip, and people are dumping there crap in it. And its really p1ssing me off.

 

I heard from someone that if you maintain land for long enough attached to your property, then you can actually claim it as your own? Is this actually true? If not, then I don't want to waste any more time doing it, and will make sure I press them to get it cleaned on a regular basis. Its becoming an eyesore, but I sort of left it to to the above.

 

Though this may be the best place to find out.

 

Regards

 

Colin

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Hi Colin,

 

I don't have a clue but let's see if we can find out

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What you are talking about is 'adverse posession' but it is a long winded affair as it takes (I believe) 10 years and you have to enclose it within your own boundary and await complaints. (If any).

 

By far the best way is to what many others do, and put in a Planning Application. Specify the ground, its location and your wish to enclose it within your own property. If a strip, and there's no objection - once permission is granted - your purpose will be to bring it within your curtilage, enclose and maintain the X sq m of common ground as part of your garden. Pay the fee, and if you hear no more - do it.

Edited by buzby
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You can have it....Carnegie campus in Dunfermline is worth more ;)

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I heard from someone that if you maintain land for long enough attached to your property, then you can actually claim it as your own? Is this actually true?

No it not true, what it has been confused with is the right of way over the land,which was the old rules, however the right of way/ access was dealt with in an act circa 2001, I sure you remember Anne Gloag (Stagecoach) fighting it big style

 

If you want to know ownership, Land Registery Edinburgh(main office) or Glasgow (George Square)

 

better if you go in ,they are extremely helpful, and will produce copies of the title, from around £2.00.......

I've went back to 1820, on one and 1838 in another

 

 

What you are talking about is 'adverse posession' but it is a long winded affair as it takes (I believe) 10 years and you have to enclose it within your own boundary and await complaints. (If any).

Disagree , I believe you would not have the right of title to the land.......I had a walled in strip for 30 year and had no title no had I any right to the land

By far the best way is to what many others do, and put in a Planning Application. Specify the ground, its location and your wish to enclose it within your own property. If a strip, and there's no objection - once permission is granted - your purpose will be to bring it within your curtilage, enclose and maintain the X sq m of common ground as part of your garden. Pay the fee, and if you hear no more - do it.
Again I disagree.Planning applications have no relationship to ownership..ie a developer submits an application, he doesn't necessarily own the the land , and remember the drawing and application require you to state ownership of the site and notifiable neighbours......See C1 section in the attachment, all e.planning form are very similar irrespective of council

PlanningApplicationForm.pdf

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We're talking about common ground - not an area that is legitimately that of another landowner. Adverse posession is used often under these circumstances.

 

As for the Planning wrinkle I outlined, I can confirm that this does not address the issue of ownership - but does much to protect the applicant as they have made no secret of their intentions, and as far as my last council trawll found, has a 90% success rate.

 

Neighbour notification remains a requirement regardless - so I don;t see your point here.

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We're talking about common ground

Don't think that has been properly established,has it?

Neighbour notification remains a requirement regardless - so I don;t see your point here.

Point is the empty land ,require a signature,to be submitted to the council

read C1 and note 17....councils are now requiring a signature of the land owner,to the vacant land,most councils are doing it themselves,mainly due to abuse of the system prior to 2005(ie the applicant submits the form ,stating neighbours notified,but didn't bother to do so

 

to go back to OP

 

 

they have even suggested that its 1 of the local places that own the land and not them
the council are being a bit cagey,the councils do have access to regestered owners,via link now,nowtheless it's therefore not common ground

When I tell them that its the council selling me the land, they play dumb.
Quite frankly they won't do anything as purchase would be done via Legal and Protective Service Dept,or what Dept deals with in in your council,and councils won't spend any money on it if it's getting sold, they'll waste money elsewhere,a Good councillor's buffet I suspect,(I digress.......lol)
Anyway, I have now been cutting this back for quite a while, but now its turning into a skip, and people are dumping there crap in it.
Two things here the council are of course happy you're doing the work

Secondly the tipping.....that would be Fly-tipping an offence, ...see council Environment or Waste Dept and voice your concern

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Just spokewn with a a distant neighbour who was in a siumilar situation. Hew took the Planning Appllcation approach to enclose an extra strip of land to meet the edge of a pre-existing pathway running across common ground (amenety use). His application was granted, and he enclosed the land by extending his boundary. This was in 2004, and apart from one objection (by a neighbour) the Council Planning agreed to it, and he heard no more.

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Planning has no relevance,honest believe me

 

The main problem lies in the fact that you would have no title to the land nor any right of title,ownership must be certain

However If you had an agreement within the Land Title (in England these are covenants)slightly different in Scotland but for the sake of debate regard as the same,similar to a right of way over the land(common in the case of shared driveways etc).....This would ascertain what you could or couldn't do

 

to illustrate the problem

 

You build a house over a section of land that you don't own,

 

 

The owner comes along after say 10 years ,What happens?

 

He tells you to move off the land

or

Charges you rent for the 10 years then tells you to move of the land

 

Get the title or ownership sorted first,

 

Of course If you're sure the council are not a load of overpaid numpties,take their word for it.

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Whether I believe you on not is irrelevant. Having now checked my local Planning website had discovered 11 such applications for these 'strips' is the last 5 years alone. Adverse posession does exist, and can be expensive when challenged. On common land, there is a different issue, as the largest landowner in any area is invariably the Council.

 

By lodging a plannig application simply to enclose the land and nothing more, provides a fully traceable means and in an offhand way, gives the council notice of the intention of the neighbour. If they did not raise any issues at this point, makes it very difficult to claim they object or had no notice of the intention of the applicant.

 

The situation you outline is hardly relevant for the reasons outlined earlier. As for the council being 'numpties' their actions make them legally accountable regardless. I've no axe to grind either way, however as the council are accepting money for such applications assuming that it reflects use of their land, it appears to be a recognised and dare I say an approved method of proceeding to regularise an otherwise unsatisfacory situation.

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Disagree away. I've you've spent any more than an hour in George Square bemused by the chaotic state of indexing and an inability to find what you want - especially if it doesn;t have a posatcode or defined postal address, your confidence (and money) will be depleted considerably.

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Just spokewn with a a distant neighbour who was in a siumilar situation. Hew took the Planning Appllcation approach to enclose an extra strip of land to meet the edge of a pre-existing pathway running across common ground (amenety use). His application was granted, and he enclosed the land by extending his boundary. This was in 2004, and apart from one objection (by a neighbour) the Council Planning agreed to it, and he heard no more.

 

Hi Buzby, this is probably a strip of land attached to the side of my house, thats probably the same area as my front and back Gardens, including the house in the middle.

 

All, I would be looking to do would be extend the Garden, until I can purchase it to then then maybe sell the house with planning permission, or even build on it myself at a later date

 

Regards

 

Colin

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  • 1 month later...

sell the house with planning permission, or even build on it myself at a later date

 

If you try to pursue this you may find a problem,the land could be on a flood plain ,irrespective of who caused the flooding...

value wise without PP it makes no difference.

 

Sepa (hydrology dept)in EK will advise fully on whether or not it's a flood plain or in the vicinity(although you can check on their web site if it is)of one

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  • 3 months later...

Hi,

 

I checked, and the land is not a flood plain. Basically the council had a fence blocking the drains, we got flooded, and after we complained they have moved the fence, and also put in an extra drain. No flooding since then. I just want to use this to try and push forward my case of getting the land from them, with them not cutting the trees, but also from the fact that they blocked the drains initially. And even maybe get it cheaper. Chased them 4 times since my last reply and still heard nothing back

 

Kind Regards

 

Colin

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  • 3 months later...

Hi,

 

I have now been told that they have postcarded my neighbour about us buying this land. I assume this is to see if there are any objections. I am still hoping that they give me some sort of discount due to the flooding we got and the fact that they are not maintaining it, but I don't imagine that they will!

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