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Trespass and planning application issue

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  • Trespass and planning application issue

    Hello again Beagles... I need some advice again. Just a bit of background . At the back of my house I have a paddock with a lane leading to and from the main road into the said paddock. All of this land including the lane all belong to me and my property . I use this access to bring in animal feed and vets so that they can treat the animals living in the paddock when necessary .

    In June a woman who has a house adjacent to my paddock put in a planning application to build 4 houses on her back garden but has incorporated my lane into the planning application . I know anyone can apply for planning on any land even if they don't own it.

    The decision still hasn't been determined and she never told me anything about her application until I saw it on the planning council portal.

    I obviously informed via this planning portal that the land shown belonged to me and not her and enclosed a copy from the land registry to show. She had many surveys done ie ecological and tree but again she never asked permission to enter my land and I was very annoyed that photos of my concealed lane were put up on a public website.

    Jump to where we are now and this woman has advertised her house with potential planning permission . I wrote to the agent telling them that this was not a possibility as I own the lane and have no intention of selling for any price. also that my position will not change whilst I own the house and land and could he inform any prospective purchasers that building wouldn't be able to go ahead as I would never be willing to sell my land

    Today I had a builder knock on my door asking how much I'd be prepared to take for my lane as he wants to buy this woman's house and build on it. Needless to say I was pretty angry and told him that under no circumstances for any financial offering would I sell my land .

    My issue is not the building of the houses as they wouldn't interfere with me but the harassment is getting difficult and the place has only been on the net since yesterday,, I'm dreading the door bell ringing in case it's another budding builder .

    I have notices on my gates that is is private property and they are padlocked but this guy just hopped over to have a look.

    I emailed the council as they keep changing the determination date and has been live on the planning portal since June. If they agree to the outline planning at least I know they can't build without me selling the land but ideally I'd like to see it not granted

    I emailed the agent to stop this happening again but what else can I do ???

    Tags: None

  • #2
    There is nothing you can do (lawfully) to stop people entering the land , other than barricading so it becomes impossible.
    If people enter, you must first ask them to leave. If they refuse you can use reasonable force to eject them, but the question then arises of what constitutes reasonable force.
    Your notice that this is private property, there is no entry and they will be committing a trespass and the land is not for sale under any circumstances is about as far as you can go.
    Landmines are not permitted!

    Comment


    • #3
      Originally posted by des8 View Post
      There is nothing you can do (lawfully) to stop people entering the land , other than barricading so it becomes impossible.
      If people enter, you must first ask them to leave. If they refuse you can use reasonable force to eject them, but the question then arises of what constitutes reasonable force.
      Your notice that this is private property, there is no entry and they will be committing a trespass and the land is not for sale under any circumstances is about as far as you can go.
      Landmines are not permitted!
      Thanks Des, I thought that would be the case , I've a good mind to do the same to them and sit on their property and take photos !!! but then that would be petty and childish..... off I go to get the camera out

      Comment

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