LandlordZONE

17

Sep, 2014

Wednesday

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  1. The main problem with all this is that there is a...

    The main problem with all this is that there is a single freeholder of the property, even if that single freeholder is named as two individuals.

    No extension should have been undertaken without...
  2. Part 1 of the Town and Country Planning (General...

    Part 1 of the Town and Country Planning (General Permitted Development) Order 1995, as amended in 2008, sets out what is considered to be pemitted development within the curtilage of a dwellinghouse....
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    In 2013 The Town and Country Planning (General...

    In 2013 The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013 was issued then since March 2014 new permitted development rights were set out in a Statutory...
  4. That use by a multitude of different people,...

    That use by a multitude of different people, including boat owners who stop and picnic on the land, will never meet the legal definition of adverse possession, although it could be more likely to...
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    I would also have wanted to know how the company...

    I would also have wanted to know how the company decides to deal with matters if there are three directors with equal shares.

    That could mean that 2 directors voting "yes" to any proposal will...
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    A substantial obstruction of a route that was a...

    A substantial obstruction of a route that was a granted right of way is a trespass against the Legal Interest in land which is what the easement became when that conveyance was executed.
    You own the...
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    Part 1 of the Town and Country Planning (General...

    Part 1 of the Town and Country Planning (General Permitted Development) Order 1995 as amended confirms what alterations to a roof are acceptable.

    The dormers cannot face towards the road when...
  8. There has been no evidence of adverse possesion...

    There has been no evidence of adverse possesion of the land you have described, so it would be pointless to consider making any such an application to Land Registry to be registered as the current...
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    In England and Wales the law is clear that only...

    In England and Wales the law is clear that only the owner of property can stop people from using the property.
    If a property has acquired a right of way over a road then such use is lawful, allowing...
  10. Whereas a Statutory Declaration needed to be...

    Whereas a Statutory Declaration needed to be sworn out before a Solicitor and a small fee paid, a Statement of Truth, that is now acceptable in any civil legal matter, only needs to end with the...
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    You will need to make a planning application with...

    You will need to make a planning application with plans showing how you intend to redevelop the building to create two separate dwellings.

    That will normally require parking provision and some...
  12. Just to clarify what happens when a developer...

    Just to clarify what happens when a developer wants to buy property that may have development potential, an Option is a simple legal agreement that the seller will accept an agreed sale price as long...
  13. Which is why Mattl and I are offering advice...

    Which is why Mattl and I are offering advice gained from successfully buying property for development.
    Either buy an option to purchase at a fixed price, or wait until contracts are exchanged before...
  14. Once contracts are exchanged then is the time to...

    Once contracts are exchanged then is the time to submit the planning application.

    Any sooner than exchange of contracts and the seller may realise that he/she did not fully comprehend the true...
  15. Just to keep Ram up to date, a flat has no...

    Just to keep Ram up to date, a flat has no permitted development rights, even when not in a conservation area, so any change requires a formal planning application to the loca lplanning authority.
    ...
  16. Part 1 of the Town and Country Planning (General...

    Part 1 of the Town and Country Planning (General Permitted Development) Order 1995, as amended in 2008, sets out what is permitted development within the curtilage of a dwelling-house.

    After you...
  17. Enforcement notices do not elapse. They are...

    Enforcement notices do not elapse.

    They are either complied with or court action can follow non compliance.

    The enforcement notice would have contained a section that stated what was required...
  18. Anyone renting out property does it for the...

    Anyone renting out property does it for the income realised.
    You will have no chance of suing for compensation because a development is to take place near a property that you own, so your two...
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    Thanks Lawcrucncher for that succinct...

    Thanks Lawcrucncher for that succinct explanation, that will assist the OP who is the person who needs to understand the implications of the situation, as well as helping my better understanding of...
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    I am not trying to interfere with the advice...

    I am not trying to interfere with the advice being offered to the OP but that quote confused me, so I am seeking to understand how the freeholder of the estate that comprises two separate leasehold...
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    It would be advantageous if this freeholder...

    It would be advantageous if this freeholder confirmed in a Statement of Truth that it was always intended that the roof terrace was to be demised to the first floor flat, which is why use was...
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    If this is a freehold property, then when the two...

    If this is a freehold property, then when the two dwellings are completed the sale of the first property will cause Land Registry to register that dwelling and its land with a new title. The costs of...
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    The case law that people quote when considering...

    The case law that people quote when considering the value of an access road into a potential building plot is Stokes v Cambridge City Council.
    The judge stated that the value of the small area of...
  24. There was a court case where the meaning of the...

    There was a court case where the meaning of the words "a residential property" was relevant because a developer wanted to erect a further number of houses in the grounds of a property burdened with a...
  25. Statements of Truth provided by people that are...

    Statements of Truth provided by people that are able to confirm the length of time the building has been in use for more than 10 years for commercial purposes.
    The evidence has to provide the civil...
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