New build boundary issue

jamescr_2

Hi,

I'm buying a new build house shortly, and visited the property at the weekend and noticed that, contrary to the plans held by the planning office, the sales office, the sales brochure, and the plans I signed off when going through all the house paperwork that my neighbours carport not only has one of its vertical supports (a large galvanised steel post) in my garden, but the carport itself also overhangs into my land.

I knew the carport for my neighbour attached to the side wall of my house, this was obvious to see in the plans, and the carport was rectangular when in fact it's been built more like an L shape, which means it's attached onto my rear wall slightly (by 30-50cm or so), and goes over my garden by 30-50cm too.

My question is, in this situation should I say I want the carport taking down and rebuilding so it doesn't encroach on what will be my land, or do I renegotiate the sale price based on either providing an easement or, alternatively altering the shape of my garden so the land the carport goes over becomes my neighbours?

Obviously I want to consider that whatever course of action I take, I don't want it to affect the ability for me to sell the house in the future. I've also asked my conveyancer on this too but I see getting extra opinions on this is no bad thing.

Thanks

rpc

jamescr wrote: »

My question is, in this situation should I say I want the carport taking down and rebuilding so it doesn't encroach on what will be my land,

Ideally yes, but the developer is not likely to want to agree

or do I renegotiate the sale price based on either providing an easement

There be dragons - don't do this.

alternatively altering the shape of my garden so the land the carport goes over becomes my neighbours?

Second best option - does this affect the house much?

You also have the option to walk away.