From: David Miles
Dear Ms Burke
Thank you for the message and sorry again for the delayed reply, this time due to the closure of our office for nearly 3 weeks following the underground fire in central London on 1 April which was less than 50 metres from our building and led to all services to the building being cut off for a significant time.
However, we’re all back now and I am writing to confirm that the Treasury Solicitor, in whom the assets of the above mentioned Company vested on the dissolution of the Company, has disclaimed the Crown's title (if any) in the above mentioned property. I attach for your information a scanned copy of the formal Notice of Disclaimer made under section 1013 of the Companies Act 2006. I’m copying this email to your colleagues, Kenny Green and June Cooper, with whom I also had correspondence, just in case the information is useful to them.
The effect of the disclaimer, in the case of freeholds, is that the freehold interest is extinguished and the land becomes subject to escheat. The Crown Estate gains the right to deal with the property on disclaimer, so any future enquiries about the property should be addressed to their Solicitors: Burges Salmon, One Glass Wharf, Bristol BS2 0ZX.
Thank you (and your colleagues) again for your help with this matter.
Best wishes
David Miles
David Miles Lawyer I Companies Group Bona Vacantia Division (BVD) I Government Legal Department
P.O. Box 70165, London WC1A 9HG Tel: +44 (0)20 7210 2901 I Fax: +44 (0)20 7210 3104 I DX 123240 Kingsway [email protected]
From: Burke, Barbara [mailto:[email protected]] Sent: 09 April 2015 10:33 To: David Miles Subject: RE: Land at St Andrews Road Warminster
Thank you very much MR Miles, I will await to hear from you again.
Barbara
Barbara Burke Definitive Map and Highway Records Team Leader Waste and Environment, Wiltshire Council County Hall, Trowbridge BA14 8JN Telephone: Internal 13044 External: +44 (0)1225 713044 Email:[email protected] Web: www.wiltshire.gov.uk 1 Follow Wiltshire Council
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From: David Miles [mailto:[email protected]] Sent: 31 March 2015 13:34 To: Burke, Barbara Subject: RE: Land at St Andrews Road Warminster
Dear Ms Burke
I’m sorry for the delayed reply to your email, but I would like to thank you very much for your comprehensive and helpful response. It’s much appreciated.
It seems clear from your careful analysis that there is no ransom strip here and so I will be recommending that the Treasury Solicitor disclaims his interest in the land remaining in title no. WT6280. If my recommendation is accepted I will send you a scanned copy of the notice of disclaimer for your records.
Thanks again
Yours sincerely
David Miles Lawyer I Companies Group Bona Vacantia Division (BVD) I Government Legal Department
P.O. Box 70165, London WC1A 9HG Tel: +44 (0)20 7210 2901 I Fax: +44 (0)20 7210 3104 I DX 123240 Kingsway [email protected]
Please note that from 1 April 2015 the Treasury Solicitor’s Department will become the Government Legal Department. My email address will change to [email protected]. All other contact details will remain the same.
From: Burke, Barbara [mailto:[email protected]] Sent: 05 March 2015 15:35 To: David Miles Cc: Green, Kenny; Tilley, Phil; Cooper, June; Hughes, Jane Subject: Land at St Andrews Road Warminster
Dear Mr Miles,
My colleague June Cooper has asked me to reply to your e mail dated the 17 February concerning the extent of the southern section of St Andrews road in the vicinity of house number 92.
I have examined the council’s files and discussed the matter with colleagues and am now in a position to answer your enquiry.
St Andrews Road is part of the Broadway Estate and this particular road was adopted as highway by Wiltshire County Council on the 2nd April 1976. Attached is a copy of the adoption plan. In September 1976 the County Surveyor wrote to the Area Maintenance Engineer to bring to his attention the liability for future maintenance of the roads in phase 1V of the Broadway Estate development. Attached is a copy of the memorandum from the County Surveyor and under the heading ‘ROADS ADOPTED’ is the description for the southern length of St Andrews 2 Road which you are enquiring about, ‘(e) Cul-de-sac Leading west from St Andrews Road for a length of 104m’. The particulars from the adoption plan were transferred on to the highway record, copy attached. You will note the adopted highway on the highway record is shown abutting the solid black line shown on the underlying Ordnance Survey map as the boundary between the Broadway estate and Ordnance Survey plot number 5636. A colleague and I have independently measured the various plans and they do record the adopted length of highway as being 104 metres which takes the road up to the boundary with Ordnance Survey plot number 5636.
When a comparison is made between the latest digital map and the Ordnance Survey map upon which the highway record is based and indeed the independently surveyed adoption plan, it is clear the boundary between the estate and the adjoining field has altered in the intervening years. I find this a common occurrence on the urban fringe. Typically where the owner of a field on the edge of development keeps animals, particularly cattle in a field, they frequently erect a second fence within the field to keep their animals away from the adjoining residential properties. I have seen many examples over the years of the original boundary fence line being removed when the field is no longer used to graze animals, I believe this may have happened in this location. In places the boundary has migrated west and I have sought to illustrate this by a red line on the 1:2500 extract from the digital Ordnance Survey map. The difference is the essence of the issue. I say this because according to information from the District Land Registry, namely ‘Land Registry Public Guide 19 – Title plans and boundaries’ and ‘Boundaries in land Registration A Guide to the Legal Framework and the Practical Implications’ the Land Registry title plan only shows general boundaries not the exact boundary. Quoting from Guide 19:
Title plans are carefully prepared using the latest Ordnance Survey map available when the land was registered. However, you cannot establish the precise position of the boundary of a property by scaling from the title plan. This is because title plans show only the ‘general’ position of boundaries, unless they are shown as having been determined as exact boundaries pursuant to section 60 of the Land Registration Act 2002.’
The Guide also makes it clear that the Ordnance Survey regularly updates its maps and features such as fences may change. From looking at the maps produced covering this area it is apparent this has happened and the former eastern fence line has disappeared, probably as a result of the scenario I have described above. In choosing to use the latest map in this area to plot WT6280 and WT252207 the Land Registry was only left with the newer western boundary, which only appeared on later Ordnance Survey mapping, to take as a point of reference.
I hope the above has explained my reason for saying the adopted road does indeed directly abut with Ordnance Survey plot as shown on the attached highway record. If you have any queries please don’t hesitate to telephone me.
Barbara
Barbara Burke Definitive Map and Highway Records Team Leader Waste and Environment, Wiltshire Council County Hall, Trowbridge BA14 8JN Telephone: Internal 13044 External: +44 (0)1225 713044 Email:[email protected] Web: www.wiltshire.gov.uk Follow Wiltshire Council
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This email originates from Wiltshire Council and any files transmitted with it may contain confidential information and may be subject to Copyright or Intellectual Property rights. It is intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender and delete the email from your inbox. Any disclosure, reproduction, dissemination, modification and distribution of the contents of the email is strictly prohibited. Email content may be monitored by Wiltshire Council to ensure compliance with its policies and procedures. No contract is intended by this email, and any personal opinions expressed in this message are those of the sender and should not be taken as representing views of Wiltshire Council. Please note Wiltshire Council utilises anti-virus scanning software but does not warrant that any e-mail or attachments are free from viruses or other defects and accepts no liability for any losses resulting from infected e-mail transmissions. Receipt of this e-mail does not imply consent to use or provide this e-mail address to any third party for any purpose. Wiltshire Council will not request the disclosure of personal financial information by means of e-mail any such request should be confirmed in writing by contacting Wiltshire Council.
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