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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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My property has been has been subject to a road widening

Customer Question

My property has been has been subject to a road widening scheme for a couple of decades. I had created vacant possession of some dozen properties along the route but one remained lease bound for a year when the Council took possession and the tenancy was ended summarily with compensation to the tenant. The council estimated my compensation as NIL on the grounds of betterment in spite of the fact that the existing highway was only to be widened. The Land Registry had amended their residual site site plan at least a decade before and there were around a dozen applications for redeveloping the site from the likes of ***** *****, Henry Boot etc. Massive Planning fees were involved. My present buyer will not sign until the title deeds prove the new boundaries but the Council now chooses to amend the the existing Land Registry. Is this action supported by law? Is the Registry liable? Must the Council revert to the existing Registry Plan? Is the Council indemnifies against "Legal Theft".

Some reply would help since I do not wish to now worry about a credit card fraud. We are into day 3 without reply

Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Please note that we are not a scam; if you are not satisfied for any reason we offer a full refund upon request.
Thank you!
Nicola
Customer: replied 1 year ago.

Dear Nicola,

I am so grateful for your contact. It is the first time I have used this service and am approaching my 80th birthday: please forgive my suggestion.

Please take your time, the County Council have already held me on tenter hooks for two years and their attitude and greed has been unforgivable. The property is sold subject to this clarification and reverting to the apres road boundaries as still published by the Land Registry.

I do not mind being specific as to the Registry deed details!!

Thank you so much

Klaus

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.

The reply is not so urgent but the outcome is vital.

I have been anticipating a move by the County Council for 20 years, then 12 or so years ago the boundaries were cast in stone by the Land Registry and prospects for selling the site arose and full planning applications were submitted to the Borough Council.

Last October my prospective buyer gave me a deadline for the end of October 2014 and I am still awaiting a decision. The trouble is that if the County stick to their demands the site becomes unsaleable. They closed my factory, then closed in on my tenants and now feel that I owe them for their theft. The appointed solicitor is paid by the County but is not versed in this subject.

I am convinced that the CC are out of order.mean is not the word!

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Thank you for your continued attention.

I was wondering whether the Land Registry itself could answer the question?

Surely once the Land Registry has set the site boundaries, post road construction then that residual site must be cast in stone.

Previous applicants for planning on the siter defined by the Land registry have paid 100s of thousands of pounds in Planning Applications in the sure knowledge of the post construction site boundaries.set by Ordnance Survey.

It is nonsensical that Highways should change their mind and destroy the prospect of redevelopment particularly when they claim an enhancement of site value resulting from the road widening scheme!!

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 1 year ago.

I have just been asked to rate your performance which is somewhat embarrassing bearing in mind that you are still searching for a Land Registry expert after two weeks.

I am happy to still hang on and have suggested that your expert may well be able to extract the legality of a County Council redefining boundaries set by the Ordnance Survey and Land Registry over 10 years ago.

The Registry has not communicated with the land owner throughout!!!

I do wish to remain in the frame for a reply

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Silly point really,.......but I am abroad now and will be so for the next 3 weeks.

The Land Registry and Ordnance Survey must know the answer to me question.

IF THEY MAP A SITE AS POST COMPULSORY PURCHASE FOR ROAD CONSTRUCTION PURPOSES CAN THE LAND OWNER RELY 100% ON THE POST CONSTRUCTION REGISTRY PLAN?

Inj this case hundre3ds of thousands of pounds worth of post road construction plans have been drawn up and presented to the Council Planning Department and none of these projects would ever have been contemplated if the post road construction site had been honestly presented.

I am perfectly happy for my contribution to expenses be used in this way because surely the REGISTRY must rely on firm binding rules!!

Thank you

I am now referring to a query which has got lost in the system

I have not heard from you for a long time and feel that my law question has gone astray

I am getting other non related correspondence!

PLEASE INVESTIGATE AND COME BACK TO ME.

Regards

Klaus XXXXX

Customer: replied 1 year ago.

Relist: No answer yet. I have been receiving more mail from you but not connected to the query you clearly still have on file. " Once the Land Registry have recorded a post road improvement scheme can the County Council change those registered boundaries and use it as blackmail or "Highway Robbery" to recover road building costs from the land owner concerned? The County Council have absolutely no use for the land other than to ruin the prospects of the residual site for ever and a day????? In my view any legal working with the Land Registry would be able to pose the question!!

Expert:  Nicola-mod replied 1 year ago.
Hello,
I am sorry for the lack of response, this question had timed out automatically and I did not receive the notification of a new message.
Unfortunately we have not been able to find the right Professional to assist you. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
Thank you,
Nicola
Customer: replied 1 year ago.

Dear Nicola,

I am sure anyone contacting the Land Registry will be given a civil and legal answer to the question " Once the Ordnance Survey have defined the post road widening scheme can the local council then use blackmail pressures to recover the cost of their road widening scheme at the cost of the effected landlord. Top surveyors have been employed to determine the boundaries of the post road scheme IT IS ACCURATE TO THE INCH !! Everyone agrees but to achieve this boundary a building had been CPO and now the Council feels it has a blackmail right to recover an unlimited sum or keep the CPO land to plant trees (Town Centre plot!)

The town loses out because the residual plot, (other than the CPO) can not meet their demands for a "Landmark" development.

I am 80 years old and am on the specialist's orders to stay clear of the highway robbers.

Thank you for trying

Expert:  Nicola-mod replied 1 year ago.
Hello,
Would you like me to close the question and refund your deposit, as we've not been able to assist?
Thank you,
Nicola
Customer: replied 1 year ago.

I think that the mail is out of sequence. You have repeated this message but have not responded to my reply to your first mention.

See my present proposal immediately above

Customer: replied 1 year ago.

Dear Nicola,

You have responded to my chain mail as if I had not written to you on the 8th March @15.07

Expert:  Nicola-mod replied 1 year ago.
Hello,
I am sorry, but we do not have any Experts who can answer your question. This has been open for a long time and I have repeatedly asked every Expert we have to look at it. I have not been given any feedback as to why is it is so difficult, unfortunately. We can only answer questions online; Experts cannot act on your behalf.
Thank you,
Nicola
Customer: replied 1 year ago.

I am not asking anyone to act on my behalf but just to reply to my original question.

I would prefer it if your expert could assure himself of the correctness of his reply.

Expert:  Nicola-mod replied 1 year ago.
Hello,
I do appreciate that you would like an answer but unfortunately it does not appear that we have anyone who can assist you.
I will send the question out again but I have to be honest with you and say that it is unlikely to be answered, in which case we offer a full refund on request.
Thank you,
Nicola
Customer: replied 1 year ago.

I do not expect a solicitor to have all the answers but he knows where to look or who to consult for that detail and I am relying on you for that expertise

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

I continue to be patient BUT

I have not heard from you for a long while?

Would any advisor like to ask me a question.

New boundaries were published by the Land Registry a couple of decades ago. as the residual site post the planned Ring Road.

Now the site has been sold the County Council has changed its mind and has planted trees on the part not required for the highway making my land unsaleable

Thank you for your kind attention to this matter

Customer: replied 1 year ago.

I have been trying to chase an answer to my question.

Are you USA based and unable to answer question relating to the LAND REGISTRY in the UK?

The boundaries of my site were changed as a result of a compulsory purchase by the local authority.

Those new boundaries have been used by a couple of dozen prospective developers but on completion the local authority chose to change the registered new boundaries and thereby ruined the prospects of redevelopment for ever.

Can a local authority override an established Land Registry ( Ordnance Survey ) boundary definition?

Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise for the lack of response; I did not receive the notification.
I have to be honest with you, at this date I don't think we have anyone who can answer your question. I can offer a full refund as per our satisfaction guarantee.
Thank you,
Nicola
Customer: replied 1 year ago.

Dear Nicola,

I am absolutely stunned by your news and the absence of non specialist replies.

Is it because you are based outside the UK?

I would imagine that any lawyer could call the Land Registry and make a non specific request but if need be I will provide the site details.

If you final word is to repay my question fee then so be it!

Still hoping to hear from you

Regards

Expert:  Nicola-mod replied 1 year ago.
Hello,
It is up to you, but I think if it was as simple as that the question would have been answered. I have sent it out individually to all Experts to try to get an answer for you, and not received any response.
All the Experts in the UK category are UK lawyers who have been accredited by our credential process. However this question may not be in their specialist areas.
Thank you,
Nicola
Customer: replied 1 year ago.

Very well then, Nicola, thanks for trying so hard.

Lets call it a day and please return the £47.

Do you need any account details or a rfeturn address ?

Klaus

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