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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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When we purchased our home 12yrs ago, the seller had a 4

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When we purchased our home 12yrs ago, the seller had a 4 acre field at the rear. I asked the seller if i could have a part of the land included in the sale to run my dog.
The seller agreed for the asking price that we could have a piece which became ours on completion.
At a guess I say its approx 0.5 acre.
12 years on we still have the land, and the other land still belongs to the same person who sold us the house.
This land owner has been approached by a land agent, they have both agreed to apply for planning permission for new builds.
The 2 parties have asked us if our land can be drawn up in the plans ( allowing so many plots on our small piece of land).
We have agreed verbally that we would like to be part of this venture and plans have now been submitted by the land agent, for consideration.
Could you please tell me how best to make sure we are treated fairly in this affair?
regards Geri
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Geri,

Thanks for your enquiry.

In these situations, it would be normal for a Developer to purchase all the land in question, and your share would be a percentage, based on the extent of your land, of the whole sum agreed.

In order to get to such a figure, you need to instruct your own specialist Surveyor to advise you- I am not sure, for example, whether your land would perhaps be the main entrance to the new development, and if it is, you would be entitled to a larger slice as it would be classed as a "ransom strip".

I suggest you contact a Surveyor straight away and he can liaise with the other Land Agent.

I hope this helps.

Kind Regards

Al

Customer: replied 1 year ago.
Thank you, ***** ***** ask if I should give money toward the planning application? as I have not been asked for any at present? and should I wait for the planning outcome before finding a expert to help me? or get one immediately anyway? kind regards ***** *****
Expert:  Aston Lawyer replied 1 year ago.

Hi Geri, thanks for your reply. If you can get away with it, I wouldn't offer to pay towards the planning costs- you won't be disadvantaging yourself by doing this, as the application will include your land, and the other parties can't implement any permission without your consent. As it may be slightly up in the air at the moment, you are best to sit back and the application is successful, you can then get involved. Hope this helps. Kind Regards Al

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Customer: replied 1 year ago.
Thank you, ***** ***** you tell me if planning is granted who should I approach then? A solicitor? Land agent? Or should I rely on the other land owners word about any deals? Kind regards ***** *****
Expert:  Aston Lawyer replied 1 year ago.

Hi Geri, thanks for rating my answer. Firstly, you would need to instruct a Surveyor (to make sure that you are not being short changed with any proposed deal). As and when any deal is struck, you would then need a Solicitor to draft any paperwork/go through your Deeds etc. Good Luck! Kind Regards Al

Customer: replied 1 year ago.
Aston, The planning application is now in. When i viewed it on line the other land owner name is ***** ***** application along with other documents regarding the plans etc. Our name is ***** ***** on the planning application???
I received a phone call this morning from the other land owners land agent, he asked for a meeting to sort out legalities regarding our side of things. When asked he said we have to get things sorted now, incase of any events ocuring ? Could you advise me about this situation please, regards ***** *****
Expert:  Aston Lawyer replied 1 year ago.

Hi Gerri,

I hope I have already answered your original question, but happy to answer this.

Firstly, anyone can make a planning application 9it does not have to be the legal owner of the land in question), so you have nothing to worry about there.

As regards ***** ***** I suggest you go and ask for an informal chat (to get the low down) and tell him that you will of course be seeking your own advice thereafter. Once you now what the proposed deal is, you can then speak to your own Surveyor and Solicitor.

Kind Regards

Al

Customer: replied 1 year ago.
Thank you so much for your help, its left me reassured, regards ***** *****