Garden deck not included on deeds?? 30 December 2014 at 7:00PM in Mortgages & endowments 4 replies 1K views

JadeAlex26

Hi all,

Myself and my partner are currently in the process of buying our first house. This house was advertised as having a grassy back garden and a decked area at the far end of the garden. We received our home buyers report yesterday and it said that this deck had been built without permission (the property boundary on the deeds apparently ends at the end of the grass area) and so the original fencing will be rebuilt before exchange of contracts.

Apparently the owner before the lady who is there now built up the area behind the garden and fenced around it. Others on the street have done exactly the same, but with permission obviously.

Now I understand the reasons but we really love the deck area and it was part of the reason we wanted this house so is there any way we could try to keep it, through applying for planning permission or anything?

I don't understand how the current owner has managed to keep it either, surely it would have been flagged up when she bought the house?? We have mentioned it to our solicitor but they do not have all the necessary paperwork yet, like title deeds etc.

Thanks if anyone can help

Jade

ACG

You would need to speak to the council.

In 2014, I have come across 2 instances where this has happened. 1 the council agreed to asign the land over to them the other they did not. Although one was greenbelt land, the other was not.

JadeAlex26

Hmm hopefully it could be granted then, given that most of the street have done the same. Is there likely to be a large fee for it? No idea how this stuff works!

ACG

It doesnt mean anything.
The one where it was declined the whole street had done the same. The council then sent letters to the street... Always a good way to introduce yourself to your new neighbours being the reason they lose part of their garden.

stator

I would assume the worst and progress accordingly.

Would it be possible to claim adverse possetion?