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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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My neighbour has applied permission on land he

Resolved Question:

my neighbour has applied for planning permission on land he owns ,however he has to pass over land i own,although it has a right of way,to reach it.On his application form he states he is the sole owner although he has served me with CERT B with just my name on it but he has also served a CERT B on another neighbour with both my name and there names on it ,surely three different CERT B on one application cannot be correct
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
i was under the impression that an incorrect ownership certificate invalidates the application
Customer: replied 1 year ago.
sorry i meant three different ownership certificates,two CERT B and one CERT A
Expert:  wingrovebuyer replied 1 year ago.
Hello. You are correct - an inaccurate ownership certificate means the application is invalid and the council should not entertain the application if this is brought to their attention. However, if he has "hedged his bets" because the ownership details are not freely available (ie from Land Registry) then this might not be fatal. In any event, the Council would simply advise him to reissue the certificates - it will therefore not ultimately stop anything. However, I note that his land only has a right of way over yours. Do you know the precise terms on which this was granted? It might be limited, thereby preventing the development from going ahead even if he gets permission. WB
Customer: replied 1 year ago.
I am fairly sure he is entitled to the 'right of way' but the ownership certificates he submitted were definately filled in 'willfully'
and not just a mistake,surely this is fraudulent and is an offence under the planning act.
Expert:  wingrovebuyer replied 1 year ago.
Hello - it's not a criminal offence though. The sanction is that the application will be invalid or any decision can be withheld. I'm afraid there's no criminal sanction. Best, WB. (Please leave a rating).
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