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#16
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Quick legal way to buy small area of farmers field?
In article ,
zingari wrote: I am no way an authority in this field (pelease excuce the pun) but if the famer changed the use of his field then perhaps planning permission would be required, but if the purchaser bought part of the field for the purpose of "training" or exercising dogs, then this would be an original use by the new owner and not a change of use by the farmer. Insteresting point.. And wrong. Sorry. The classification of use goes with the land and not the owner. Excellent info thanks Nick. Where can i confirm that planning permission wouldnt be required until the planners require it? The Town and Country Planning Act. You can probably find it online somewhere in: http://www.opsi.gov.uk/legislation/ However, please note the other posters that too egregious a change of use without permission will **** off the planners. If I were doing that, I would attempt to be subtle. For example, if you fence your area with a portable electric fence, it would not be a permanent boundary. Regards, Nick Maclaren. |
#18
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Quick legal way to buy small area of farmers field?
On Oct 20, 9:53*am, David in Normandy
wrote: wrote: But, until you have done that, the land is supposed to be used only for agricultural purposes. Yes, I've heard of a number of people coming unstuck over this. So even though the OP says he isn't going to plant anything or change anything technically it is still a change of use if he wants it for his dogs to roam in. In fact just NOT using it for agricultural purposes could be enough to trigger the need for planning permission. Depending on how rigid the planning authority is or vindictive the neighbours it could become a nightmare if applied for retrospectively. I read once of a farmer extending his vegetable plot slightly into one of his adjacent fields and the planning authorities getting to hear about it and they forced him to destroy his veg and put the boundary back to where it was. I suggest a casual chat with the local planning officer. They can be quite amenable to such conversations. It will cost nothing and will tell you if permission is required or not. What does annoy them are retrospective applications. -- David in Normandy. * * *To e-mail you must include the password FROG on the * *subject line, or it will be automatically deleted * *by a filter and not reach my inbox. I'm interested in your views David as we are in talks about buying more land, agricultural land. My husband and I have discussed many uses, not least as a small wood, which already abounds on land we already own, with the idea of maybe, but only maybe, as I'm not sure I want the responsibility, of buying a horse for me to ride. At present I get one from livery. My husband is keen for me to have my own horse and for it to have acres to roam in, I like to visit the family and friends in the UK and Eire and I think maybe this would be a commitment too much for me! As you live in France, you probably know a lot about this sort of thing, change of use to what I have mentioned above, what are your thoughts on this? We don 't need to build stables, we already have those on our own land. Judith |
#19
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Quick legal way to buy small area of farmers field?
On Oct 21, 9:42*am, zingari
wrote: Wow ...what a fantasic array of in depth resposnes,thank you all very much. I had no clue this could get so complicated and mired down in red tape. Im wondering off the top of my head whether leasing the land from the farmer for 500 years for a cash sum would be less of a headache,although i should imagine the change of use problem would still apply. One point i didnt mention, is that there are towo houses side by side including ours that were built and owned by the farmer (mother of farmer still lives in other) and was built by using some land from the same horse grazing fields.around 40 years ago. I wonder if this would would make change of use any easier? Thanks again for the time taken by everyone, keep the responses coming! -- zingari Nice to see you posting again David. Judith |
#20
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Quick legal way to buy small area of farmers field?
"Janet Baraclough" wrote in message ... Of course people do DIY conveyance, but like DIY car repairs, unless they know exactly what you're doing and get it right first time, they can make a very dangerous and expensive mistake. As someone inexperienced you really. REALLY need to use your own solicitor for this. The potential problems of a badly worded conveyance, could blight your own property value. ISTR you thought the solicitor might cost more than the land. That makes me think, perhaps you have looked up the price of agricultural land locally and think that's what you'll be charged. Highly unlikely IME. When selling "a bigger garden" to a private home owner, any farmer knows full well he is selling a valuable domestic amenity which will increase the value of your property by far more than the ag land value, and he will call the tune accordingly; far over agricultural rates. Also, HE's going to use a solicitor, and he's going to recoup that cost in the price he charges you. IOW, your own solicitors fee, is likely to be a relatively small part of the entire costs. Janet. and if Planning Permission can be applied to it at some time in time in the future ............ Back nearly 40 years ago half of an acre of my garden was valued at £X00.00 Planning Permission applied to it and it became £X000.00. -- Mike The Royal Naval Electrical Branch Association www.rneba.org.uk Luxury Self Catering on the Isle of Wight? www.shanklinmanormews.co.uk |
#21
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Quick legal way to buy small area of farmers field?
FWIW, three years after I bought my present house I discovered that
part of the garden, which had been aquired from the neighbouring farmer some 15 years earlier, still had Agricultural status. I applied to the council to change it to Garden use and after a quick visit and payment of around £200, it was done. It may have helped that the area was laid largely to lawn and had not been structurally added to. However, when I applied to the LR to combine my two separate title deeds into one, I was told that this wasn't possible. I had known from the outset that the previous owner of the land had sold it with a caveat that a sizeable further payment would be due to him if it were ever granted planning permission for the erection of a residential property. I suspect that this is not unusual in such transactions and it would probably be more in the farmer's interest than yours to have the sale agreement drawn up by professional advisers. |
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