Almost Landlocked property

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Lone Star

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Interested in a property, on 1/3 of an acre, originally was on an acre.

Prior to repossession the site was split into 3 and 2 parts were put into the spouse's name, a large portion to the rear (just over 1/3 acre) and a three sided strip which borders the property, the remaining third on which the property sits is now for sale by a receiver.

Could a Local Authority refuse a new entrance on the remaining 'free' wall which fronts the road - when they were the authority who allowed the site and two entrances to be split and made the house accessible only by jumping a 5 foot wall?

How would anyone manage to split a site in this way? Does this raise any questions re how planning would have been granted?

There is also a claim that the septic tank is now on their land and not part of the folio for sale, same for the well. The property is 30 years old - can water and septic tank access be withheld?
 
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I'd agree with ClubMan, someone familiar with local authority and the specifics of the site will be better placed to advice on how likely it is to obtain a new entrance. It's it's a local route with a 50 or 80km/h limit the chances are higher then a 100km/h national route for example, but sight-lines and the local development plan play a role too.

Lone Star said:
How would anyone manage to split a site in this way? Does this raise any questions re how planning would have been granted?
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You can review the planning that was granted to the property. Subsequent splitting of land does not require planning permission, and an owner can split as they see fit so long as there are no conditions in the original planning precluding them from doing so. Splitting a site and separating the main road access from the property is a risky game. The Local Authority could very easily refuse a new entrance if they think someone is just trying to play them.
 
Leo said:
I'd agree with ClubMan, someone familiar with local authority and the specifics of the site will be better placed to advice on how likely it is to obtain a new entrance. It's it's a local route with a 50 or 80km/h limit the chances are higher then a 100km/h national route for example, but sight-lines and the local development plan play a role too.


You can review the planning that was granted to the property. Subsequent splitting of land does not require planning permission, and an owner can split as they see fit so long as there are no conditions in the original planning precluding them from doing so. Splitting a site and separating the main road access from the property is a risky game. The Local Authority could very easily refuse a new entrance if they think someone is just trying to play them.
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The new entrance would be essential as the previous owners have taken the entrance when they split the site. It would appear that they are trying to freeze out any prospective buyers of the house itself which was repossessed.

What you have is a house with no entrance at all.

Adjacent to the above is the split area which contains the original gate.

The percolation area for the septic tank is on the large garden to the back - again which was split from the original site.
 
Lone Star said:
It would appear that they are trying to freeze out any prospective buyers of the house itself which was repossessed.
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If the house was repossessed then the full contents of the folio would usually go with it. A former owner can't decide to take a chunk off the site after the fact, and it's unlikely the current owner could effectively freeze a pending receiver out by way of splitting the folio.

Again, just because an existing house can no longer access the permitted entrance is in no way a guarantee that a new entrance will be granted. The LA may agree to a new entrance subject to the permanent closure of the other, they may refuse any change and advise the two owners involved to just work it out.

The septic tank now being on another folio is problematic unless there is an easement in place.

It sounds like someone here was playing games in trying to split a site prior to repossession. I'd advise having a good solicitor should review all the goings on here in detail before a potentially expensive mistake is made.
 
The site was split in 3, registered on Land registry Q4 of 2018, split into 3 distinct folios. (The septic tank and well remain within the house site, it's the percolation that was cut off)
In Q2 of 2019 - the folio with just the house on it was registered by the fund who took it over from Ulster Bank.
A portion of the garage and rooms above that are also split up. Currently on BidX1. BidX1 are being transparent about it all.
Games for certain!!
 
Do you really want the headache of buying a piece of land which was repossessed from your next door neighbours?

Brendan
 
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