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boundary with new development of houses

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  • boundary with new development of houses

    We back onto farmland, planning application has been received by our local council for 450 houses, they have been granted outline planning permission for this development, now they have applied for permission to build and submitted plans. The problem is their boundary fence is about 9 feet into our garden which has a ditch at the bottom which they want to take. Have checked our deeds which says secondly all that the right title and interest (if any) of the vendor in the water courseadjoining the eastern boundary of the piece of land first hereinbefore described in so far as such water course is contiguous to such last mentioned piece of land. Have no idea what this actually means, the farmer who owned the land said the ditch was our property. This will affect all properties in our street. Very confused by all of this. Can any body help please?
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  • #2
    Re: boundary with new development of houses

    Yep.. the ditch is yours!
    Is tHe boundary fence you refer to already actually built on your land, or is it just a line on the plans?

    As a rule of thumb (there are exceptions) ditches were dug on the boundary, and a hedge or fence planted on the owners side.
    You should notify the planners that the application encroaches on your land but you have not been notified by the applicant (I assume you haven't been).
    You should also question it with the developer/his agent/his solicitors.
    It has been known for bulldozers to slip.

    Have your neighbours registered any concerns?
    Anybody organising a united response?

    Comment


    • #3
      Re: boundary with new development of houses

      Fence has not been build yet, still with planning dept at council. The first we knew about it was when we looked at the plans following a letter from the council. Our house was built on farmland, the layout is at the moment farmers fence, then hedge, then ditch, then another hedge, we are responsible for maintaining the ditch is keeping it clear. We have raised objections to the council, but they say because of limited resources and no of residents it is not possible to reply to any comments, and any comments we make will be out on public record for anyone to read.

      Comment


      • #4
        Re: boundary with new development of houses

        Trouble is that you can get PP on anyone's land.
        You need to take the matter up with the developers

        Comment

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