Highways issue please help

[Bishee1999]

Scenario:
Viewed a public house intension to convert to a single residential dwelling.
Estate agent showed me a site plan outlining the whole area of the property.

Bought property submitted plans for change of use with a boundary ( front garden wall) wall within the property area. Submitted with site and block plans outlined.

Highways inspected the area no objections permission granted.

Now dug trench for boundary wall from corner of property to neighbours corner.
A visit from highways guy today the small bit of land next to neighbours property is highways property about 15 square metres. Advised that it needs to put back as it was. He went away saying he will speak to his boss and the planners and will write to me.

Im really confused to what has gone on. I would never have touch any property belonging to me. From estate agent to planners to highways how can they miss this.

Please advice really worried

 

[freddiemercurystwin]

Where is the boundary marked in your deeds?

 

[Bishee1999]

To be honest i havnt had a look.

Shall i ring my solicitor? To find out

 

[freddiemercurystwin]

I think that might be wise, don't you?

 

[cjard]

see if they'll accept 5 grand for it

 

[rjm2k]

To be honest i havnt had a look.

Shall i ring my solicitor? To find out

Never ever trust someone to do their job properly like that! Always get to know the paperwork yourself as it's highly likely they will wash their hands of any issues and leave you stuck!

 

[Bishee1999]

Spoke to solicitor this morning says all the paperwork been sent to land registry to be registered.

Is there any other way to find out?

 

[rjm2k]

Spoke to solicitor this morning says all the paperwork been sent to land registry to be registered.

Is there any other way to find out?

Most solicitors send their clients a copy of the paperwork during the process, did you not get anything?

Depending on the property you can download the boundary plan from the land registry web site for a few quid.

 

[Bishee1999]

No I didn't get any thing off the solicitor.
Went on to the land registry website it's showing not registered

 

[rjm2k]

No I didn't get any thing off the solicitor.
Went on to the land registry website it's showing not registered

Sounds like it's never been registered in the past. You could try looking at the land registry map search view to see if boundaries are present but they may not be accurate. Also look on your local councils planning website for applications near by which show the boundary of nearby properties, also if you can find the property on the very poor planning map view you may get a hint of the boundaries from that but again not very accurate.

Some of the utilities have online maps too so may be worth a look but again not accurate. If it's a first registration, what has your sol based the boundaries on? Surely they must have a copy, what if it gets lost in the post?

 

[Bishee1999]

Solicitor rang me to tell me he has dug out a site map which shows the outline of the boundary.
The piece of land is within the outline.

I'm a bit confused now.

All I could do is wait for the highways to write to me and then ask them to show the ownership and if they do I have been sold a property and some of the land they did not own

 

[mattylad]

Sometimes, even though you may own the land your not allowed to build on it because its next to a highway and is treated as the verge.

In this case, the highways need to prove that they own it, to back up their statement. If they cannot then tell them to go whistle.

However - be in mind that they have a legal department that's better funded than you (because we pay for it).

 

[Bishee1999]

Thanks mattylad

Should it not been picked up during the planning process?

Highways did visit the property with proposed plans to check on parking etc. Their recocommendation was they have no objection to the propOsed development.