Advice re boundaries of property needed!

emmylou69

Hi everyone,
I am looking for some advice as to how to proceed with my purchase.
We are currently in the process of buying a new build property. We were shown some plans which we had to sign to say we understood. They were showing the boundaries of the property, and which ones we are responsible for maintaining.
They showed a fence going from the side of our garage down the left side (as you view from the front) with gates across our driveway, continuing to the side of the house. The fence along the boundary, plus the gates, would be ours to maintain. The sales person said this had been changed and there was no longer a gate to be put in place across the driveway, but instead there would be a fence on the other side of the drive with a smaller gate into the garden.
No problem - the fence would clearly be on our property and would be ours to maintain.
When we went to visit the property yesterday we saw that a fence had been put up along the boundary between 'ours' and the property next door (which is still unoccupied but I understand contracts have been exchanged on it). However, the posts and the entire fence are completely over the boundary on the land belonging to next door.
We contacted the sales office and they said that it was still ours to maintain.
However, I do not see how we can legally do this as we would need to cross the boundary to do so! And so would be trespassing.
The purchaser for next door will also have seen the same plans we saw and will have this as part of his contract, so he will not be expecting to have/maintain this fence.
So how do we proceed? Is the fact that it is on his land enough to make it his and the plans (deeds?) will only come into play if we put up a fence on our side? Should we get it taken down?
Is it something the solicitor should get involved with?
The sales office have been very helpful up till now but it seems to not be an issue as far as they are concerned.

Any advice most welcome - as long as it is not of the 'don't buy a new build/don't buy now' type :rolleyes: - we got a very good deal :T

clutton_2

how far over the boundary are they ?

emmylou69

Immediately over it - sort of against it but all on his side IYSWIM. And against 'our' garage, again on his side.

Ilian2008

Hello. The transfer deed of part may include rights for you to enter neighbouring land for the purposes of maintenance. your neighbours title would correspondingly be subject to your right to enter their land for maintenance purposes only usually on notice except in the case of an emergency.

Best wishes

molerat

Speak to your solicitor (I hope you are using your own and not the builders appointed one !!), that is what you are paying them for.

jessbob

I agree. You must discuss with your solicitor. The plan on the Transfer Deed has to be correct, otherwise this causes problems when the property is being registered at the Land Registry, and if the boundary fence is on neighbouring property then the Transfer must contain relevant rights of access as previously advised on this thread.

withabix

This all sounds perfectly normal.

Obligations to maintain boundaries are in all new-build deeds. These conditions are included to prevent disputes about responsibility to maintain boundary fences.

If you have an obligation to maintain a boundary fence, you will also have a corresponding right of access onto your neighbour's property to maintain that fence.

If the right of access to maintain the fence was not there, no obligation to maintain the fence would be enforceable.

There is no obligation for you to paint your neighbour's side of the fence unless the deeds specifically say otherwise. Your obligation is to repair or replace the fence if it falls into disrepair.

emmylou69

Thank you to all who have replied. I will take all replies into account and discuss with the solicitor (who was our choice, not theirs!). It just seems very odd that we are responsible for maintaining something which is totally on someone else's property.
We suspect that the fence man arrived, looked at the boundary, saw soil one side and tarmac on the other - and decided digging soil would be much easier than digging tarmac!

Thanks again :-)