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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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Hello, I share 1 plot of land with my ex wife, her brother

Customer Question

Hello, I share 1 plot of land with my ex wife, her brother and his wife, the land is near Nottingham and we live near Durham. We have a land agent based near Nottingham who has been dealing with the potential sale to the likes of Premier Inns and KFC (no correspondence in writing) The land is on the edge of a town called Ilkeston which is having their railway station re introduced onto Network Rail's system & is government backed, our land has been earmarked for the station's car park. Our land agent has been in meetings with the local council & Network Rail, although Network Rail have small plots of land they say they could use for car parking they and the council would prefer our land. We have put a value of £500,000.00 Network Rail have made a without prejudice offer of £225,000.00 and say it is a take it or leave it offer or they will use a CPO where they say we will receive a lot less than this, the council revealed they have put a T5 order on the land in favour of Network Rail. An answer to the offer is needed on Thursday, a CPO would be in place before we could apply for planning so it appears that we have been pushed into a corner and the project is all but sewn up, I am needed at work now but would appreciate a telephone call on XXXXXXXXXXX if at all possible, if not I will try to get back to my pc

Kind regards
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Hi Colin. Thanks for your question. I am afraid this is an online only service so it is not possible to have a call. If A CPO is issued first you can object and have it sent to a planning inspector and they are supposed to use other alternatives where possible and avoid CPO's. If you cannot agree compensation then the it can be determined by the Land Tribunal so it is a commercial call whether the offer is fair.
If the fair proper market value is £500k then I would refuse but it is up to you. I assume your land agent is advising you on this and understands the process etc.