Decision details

Exemption from publication: There are confidential appendices to this report, which are exempt by virtue of paragraph 3 of Schedule 12A of Part 1 of Schedule 12a of the Local Government Act 1972 because they contain information relating to the financial or business affairs of any particular person (including the authority holding that information).

To approve the sale of a parcel of Land owned Freehold by Buckinghamshire council (0.24 acres) to be transferred to West Wycombe Estate.

This matter came about during the academy conversion of The Downley School where an encroachment of land was discovered. The recommended decision is to deal with the encroachment is to transfer the encroached land to the neighbouring owner and current occupier for a nominal fee.

The transfer of the land parcel is the best option as West Wycombe Estate can proof adverse possession as explained further in the options analysis below.

Upon transfer, West Wycombe Estate would be responsible for insuring the Land.

Covenants are inserted into the Transfer deed to ensure fencing, current permitted use only, non-development, and access for services. It would be transferred subject to the land being used only as the current use of equestrian use and erecting show jumps with no development rights. West Wycombe Estates are to be responsible for fencing the site with stock proof fencing.

Lease the land: It is complicated in this matter as West Wycombe Estate can show a long period of uninterrupted use. Thus, arguably, equity in the Land has already been transferred and the Council has given up title to the Land. It would also be a very nominal rental value.

West Wycombe Estate acquire the land for no monetary value via adverse possession: West Wycombe Estate can demonstrate that they have had uninterrupted use of the Land for more than 10 years.