Land Purchasing

[buzby]

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 July 29, 2010 by buzby

[buzby]

Anytime. I've got my eye on a strip of land at McIntosh Road, Kirkton Campus.....

[buzby]

Doesn't Gordie B still live in the county? Wouldn't that depress preices even further?

[buzby]

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.

[buzby]

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.

[buzby]

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.

[buzby]

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.

[buzby]

Not sure how, to be honest. As a temporary fence and whether or not it casued flooding seems a bit off-the-wall. What was your line of thinking?

[buzby]

The map is HERE: http://go.mappoint.net/sepa/ Just enter your postcode.