Hi all
I think this is the best place to post this query as it's 'planning'-based, but if one of you running this site feels it should be moved to a legal forum, please feel free to move it.
Simple question really though. One of the conditions applying to our planning permission involved setting back the boundary of a corner of our neighbours field by 2 metres (total extent of setback in terms of land area would be only about 20 square metres).
This setback affords us better visibility when pulling into our driveway - and assures the necessary 55 metre sight lines in all directions.
The neighbouring farmer was more than happy to allow us make the change to his boundary and provided the necessary written agreement to the council to allow them to release full planning. After all, 20 sq m is pretty minimal and he gets a nice new stone wall into the bargain!
All good. Thing is. The farmer himself is on his last legs (and currently in hospital). My worry is as follows: even though we have his written consent and we can literally go and physically move the wall tomorrow, could there be a possibility we might run into problems with whoever inherits the land (and that might be sooner rather than later).
Here's my thoughts. I should ascertain if the farmer has a solicitor, find out who this is, and with the expressed permission of the farmer, write to the solicitor explaining the details, the nature of the consent, the reasons etc, and provide a land registry compliant map showing the boundary change.
In my letter I should ask the solicitor if any legal work is necesary (again bearing in mind the minimal nature of the boundary change) and offer to pay for such legal work (I assume any work should amount to no more than informing the land registry or some other such authority.)
Or - for 20 sq metres - am I just blowing this all out of proportion and should I just go and setback the wall - knowing the farmer has agreed in writiing and this written agreement forms part of the planning documentation.
(My only worry with this latter route, is the possibility of an inheritor dropping by at some point in the near future looking for a section of his inheritance that appears to have been removed.....or of course seeking appropriate remuneration...)
Any views/opionions/advice would be welcome
Ta
I think this is the best place to post this query as it's 'planning'-based, but if one of you running this site feels it should be moved to a legal forum, please feel free to move it.
Simple question really though. One of the conditions applying to our planning permission involved setting back the boundary of a corner of our neighbours field by 2 metres (total extent of setback in terms of land area would be only about 20 square metres).
This setback affords us better visibility when pulling into our driveway - and assures the necessary 55 metre sight lines in all directions.
The neighbouring farmer was more than happy to allow us make the change to his boundary and provided the necessary written agreement to the council to allow them to release full planning. After all, 20 sq m is pretty minimal and he gets a nice new stone wall into the bargain!
All good. Thing is. The farmer himself is on his last legs (and currently in hospital). My worry is as follows: even though we have his written consent and we can literally go and physically move the wall tomorrow, could there be a possibility we might run into problems with whoever inherits the land (and that might be sooner rather than later).
Here's my thoughts. I should ascertain if the farmer has a solicitor, find out who this is, and with the expressed permission of the farmer, write to the solicitor explaining the details, the nature of the consent, the reasons etc, and provide a land registry compliant map showing the boundary change.
In my letter I should ask the solicitor if any legal work is necesary (again bearing in mind the minimal nature of the boundary change) and offer to pay for such legal work (I assume any work should amount to no more than informing the land registry or some other such authority.)
Or - for 20 sq metres - am I just blowing this all out of proportion and should I just go and setback the wall - knowing the farmer has agreed in writiing and this written agreement forms part of the planning documentation.
(My only worry with this latter route, is the possibility of an inheritor dropping by at some point in the near future looking for a section of his inheritance that appears to have been removed.....or of course seeking appropriate remuneration...)
Any views/opionions/advice would be welcome
Ta