Remedial Notices Must be Registered


 

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Remedial notices must be registered with the council as a charge against the hedge owner's property


It is very important that the remedial notice should be recorded on the local land charges register. You should check that this has been done after about 3 months has elapsed and if no appeal has been lodged.

The remedial notice is recorded on a local land charges register, held within the councils themselves. When a solicitor makes a "local searches" for a client buying a house, the remedial notice then becomes apparent and any person buying the property will know about it. This register is the same one that records details of TPO's, enforcement notices, monies owing to the council and similar obligation

You will need to contact your local council and ask them whether the land charge register is showing a remedial notice on the hedge owner's address. If the council officer tries to do this verbally, insist that you want it in writing, or by email if they can attach the relevant part of the register, (Emails are legal documents).

Freedom of Information requests either are free or they are nominal values. Again if they are asking for more than 10 I would consider telling them that you feel this is not commensurate with the work required to give you this information and if they do not make a reasonable charge you should complain to the Commissioner for Freedom of Information, (Put those words in a search engine and you will get their website and how to make a complaint.)

Most councils these days are geared up to give out freedom of information in a fair and correct manner so it should not come to it, if you go to the correct department, if you try it with the planning department, you will get no where. Any problems contact dot@mpcc.org.uk

Anyone out there who wants to be a guinea pig and try this out - please do so and let me know the results so I can let you all know about the practicalities of asking for this information.dot@mpcc.org.uk


 

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