The Aylesbury South East team Cllrs Sue Chapple, Denise Summers, David Thompson & Denise Summers have been contacting residents in Elm Farm following as over the last few weeks a number of them may have received a letter from a company called Legacy Land Holdings Ltd. regarding the sale of land outside their home. Sue herself received one of these letters and has been working with Buckinghamshire Council to get answers. Below is the response from the relevant Officer - you can view the full letter and maps by clicking on the PDF attachment at the bottom of this page. It is important to note that this is not legal advice but they feel the letter explains the situation clearly.
If you have any further concerns please contact the team directly on team@aylesburysoutheast.uk or 01296 482102.
Re: Legacy Land Holdings Ltd: the extent of the highway on Elms Farm
I understand that Legacy Land Holdings Ltd has approached you and a number of Elm Farm Residents with an offer to sell a small plot of land either adjacent to or close to your property. My understanding is that the proposal is for you to purchase the freehold interest in the plot, which would be subject to any rights and reservations which may already exist.
Before proceeding I would strongly urge you to consider if the land offered for sale has been dedicated as public highway as this may affect your decision as to whether to proceed with a purchase.
The attached plan shows the land designated as a public highway within the Elm Farm estate, coloured blue.
Land which is public highway has many rights and restrictions over it. For example, the public has a right ‘to pass and repass’ over the highway and any unlawful interference or obstruction of the highway is likely to be a criminal offence, even if that obstruction is carried out by the freehold owner. As an owner of a property which abuts the highway, you have a right to access your property from the highway and the freehold owner of the land which is highway cannot prevent this.
If having considered this you are of a mind to proceed with the purchase of any land offered to you, it is my recommendation that you seek independent legal advice before going ahead. This letter only contains information about highway rights in the area and is not to be relied upon as legal advice or a comprehensive report on the benefits and burdens relating to any of the plots for sale.
I hope however this will provide you with reassurances regarding your continued rights to access your property from the highway, and assist you in your decision whether to proceed with a purchase. Please do feel free to share this letter more widely if it assists.
