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Old 22-10-2009, 09:35 AM posted to uk.rec.gardening
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Default 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.
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Old 22-10-2009, 04:58 PM
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Portable electric fence is a brilliant idea if it would do the trick.
The field is landlocked so there is no reason why anyone would know about it.
and any electric fence would be more or less invisible from the nearest road
Thanks
Tony
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Old 22-10-2009, 10:59 PM posted to uk.rec.gardening
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Default 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. *
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* *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
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Old 23-10-2009, 06:13 PM posted to uk.rec.gardening
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Default 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
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Old 23-10-2009, 09:38 PM posted to uk.rec.gardening
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Default 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







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Old 24-10-2009, 01:14 PM posted to uk.rec.gardening
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Default 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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