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Ain't Nobody Here

We're losing part of our garden - *petition*

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Not an expert but there is such a thing as squatters rights - if a group of 'crusties' can get to keep a house in the centre of London worth squillions then I would be extremely surprised if you don't have 'rights' to this bit of land :roll: .

 

I realise that this is little compensation in view of having houses at the bottom of the garden but please don't give in to these bullying tactics :twisted: ! As already mentioned. its probably a case of the neigbours getting together and presenting the case.......all luck to you :clap: !!!

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Sorry to hear you will be loosing the strip, for such a small amount of land you'd think the developers would just let it go to keep locals on side. If you had of been in England I don't even think adverse possession would have helped as (thankfully) it was changed back in 2003. If you have used land for 10 years or more you can claim adverse possession, but if the land owner objects then you loose. Then if they still haven't done anything within the next 2 years and you are still using it you can claim again and this time you would win.

 

The reason I said "thankfully" is that we have a small triangle of land that a house in the adjoining street is using as part of his front garden. I have only recently noticed it is in fact ours on the land deeds, he has been using it like this for just under 10 years so I need to have a word with him shortly (it would square off my back garden nicely, more room for chickens 8) )... However, at least if he was to try to claim it as his own I would be able to legally put a stop to it, in the past he would have been given it regardless after 13 years.

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for such a small amount of land you'd think the developers would just let it go to keep locals on side.

That's exactly my view :evil: . It would be so easy for them to just put a fence up along the secondary boundary but as it is, they're going to have to knock down walls and fences between everybody's gardens and remove the boundaries (like my wall) in order to put their fence up :roll: .

 

The new gardens that will back onto our back gardens are huge - they wouldn't miss 1.5m - whereas our gardens are tiny and that 1.5m makes a real difference :( .

 

We've discovered that the Cala Homes staff haven't been straight with us either. One told me that all the huge trees to the left of us are staying (bar a few diseased/dangerous ones), another told my neighbour that the whole lot are going :evil: .

 

I've emailed explaining about my veg patch and chickens and requesting a compromise. I await their response with interest.

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Sorry to hear about your garden loss. I bought that book you suggested (not yet read it but looks good). could you get a working party together with your neighbours for extra influence?

 

What about trying for tree preservation order? Or if you are in a conservation area they cannot cut them unless dead, dying or dangerous without permission from the council.

 

We have got the council planners coming to visit our property to see the impact of the development pre plans. Maybe you could try that if the houses will impact on your privacy/environment etc.

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Sorry to hear about this Vicky.

 

I presume that you would be willing to purchase the land from the Developer?

 

If so, then I would suggest writing to the MD.

 

You have a reasonable business case for him to consider on the basis that...

 

It would be so easy for them to just put a fence up along the secondary boundary but as it is, they're going to have to knock down walls and fences between everybody's gardens and remove the boundaries (like my wall) in order to put their fence up.

The new gardens that will back onto our back gardens are huge - they wouldn't miss 1.5m - whereas our gardens are tiny and that 1.5m makes a real difference :( .

 

..and if you are willing to pay a small amount for the land, that might make it worthwhile. Plus there is the goodwill side of things.

 

Just a thought.

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We saw amended plans for the development last week. They bear little resemblance to the ones we saw earlier - and are worse from our point of view in almost every way :evil: .

 

I know it's not something that matters to anyone unless they live beside it, but if you feel like helping me beat the big nasty developer (some hope, I realise :roll: ) and don't mind signing the petition, that would be great 8) .

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Firstly - I am so sorry to hear about this, it must be very upsetting for you :(

 

Don't quote me verbatim, but as far as I know:

- if you use a piece of land as your own for 13 years, you can lay claim to it, but something has to be signed to this effect with the Land Registry - have you tried talking to them about it?

- squatters rights and all that have just been massively curtailed

- if land is used for allotments, then that is a MAJOR headache for anyone wishing to build on it, so I'd explore proving that - I think it would be much less hassle for them to give it up

- we've recently had some problems near us and I cannot tell you how helpful the local councillors have been - especially the ones that have retired / are just about to retire. They have given us heaps of inside information and tips about loop holes to persue

 

GOOD LUCK! :pray:

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Thanks, everyone :D .

 

Chicken Def, it's not as grand as allotments, sadly. It's only 1.5 metres wide so just enough for my 1 metre raised beds. Some people have incorporated it into their gardens (ie removed the boundary wall/fence) some, like me, still have the boundary but just use the land for veg. We do have a councillor involved but I gather we can't do much as the land belongs to Scottish Water and they have to sell it including this strip. It would take a gesture of goodwill on the part of the developers which is unlikely, realistically.

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Thanks :) . An architect friend of mine is going to have a look at the planning application online for me. He says a petition is useless, you really have to voice your complaints/concerns in writing to the Council planning office. I think I'll do just that.

 

He also reminded me of all the problems we've had with flooding the past two years down the hill from where we live, due to overloaded drains and sewers. Another reason to try to prevent the development :? .

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Plus addition of traffic on the roads, danger to children going to school, et cetera et cetera et cetera (The King and I mode now) and leave no stone unturned. The fields and the pre-medieval wood to the back of us were given a reprieve - not because of the wildlife, historical value (and no rare orchids when you need them) but because it was deemed a pleasant walk to the next village by Mr Gummer! Next door was granted an extension which should not have exceeded beyond the back of our house and we proved that it would by more than 6 inches - but the council did so because it was a nice extension! And of course you do not have a right to light it seems. Fortunately the neighbour never went ahead with it and the permission has now expired.

 

I wish you all the luck in the world and hope you get the land.

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