Fire escape into my garden (undisclosed when bought house)

kiffer8501

Hi all

Looking for a bit of advice. I bought my house back in Feb 2014, and have discovered in the last few weeks that a neighbours adjoining property, a ground floor flat, has a gate into my garden. The gate looks like an ordinary fence panel, albeit a narrow one, hence not noticing this before. It was only when she popped her head over the fence recently that we realised it existed.

She is adamant that it is for means of escape only and that the council approved this when the flat was built, circa 2003 (I am awaiting someone from Building Control to confirm this). The flat has a garden, so I also query whether a secondary means of escape is required for a ground floor flat with a small garden?

To be clear, I have no problem with her using the fire escape in case of emergency, however I do feel like I have been misled by the vendor, as there was nothing about this written on the property information form, nor was it picked up by my solicitor, or the homebuyers survey.

My main question is, should the vendor of the property disclosed this in the property information form? I am concerned that this may affect the saleability and value of my property in the future. If so, should I pursue a case against the vendor? Obviously I will be consulting a solicitor about this once I hear back from Building Control, but I am interested to know what other people think about this?

Thanks for any advice, it would be much appreciated.

Nobbie1967

I don't think the vendor has done anything wrong here. The neighbour doesn't have a right of way over your land, so no need to mention it. I can't see how it would affect saleability or value either unless they have fires on a regular basis. I can put a gate in my fence which opens onto my neighbours garden and there's nothing they can do about it. If they want to make an issue of it then they would probably then have to declare it when they sell. Bear this is mind before consulting a solicitor.

kiffer8501

That's a very good point you make regarding the solicitor, which hadn't really crossed my mind at this stage. Thanks

moneyistooshorttomention

Its a hassle (and little bit of expense) but cant you just change the fence panel to one that doesn't open into being a gate?

I wouldn't have thought a Council Building Control dept would have the right to grant a neighbours property any sort of ROW on someone else's garden....

Maybe the Land Registry people could tell you if the Council can "give away" access to peoples property like that - and they wouldn't charge (unlike a solicitor).

phill99

I think you are making a mountain out of a mole hill.




How many times do you think next door will have fires requiring the right to exercise the need to come on your land?

eddddy

A very similar Building Control case went to the secretary of state on appeal.

Briefly, council building control's view:

The Borough Council has suggested that unless a permanent gate or other provision to allow safe access to the adjoining gardens is made available, and this is supported by a formal agreement with the adjoining owners, then escape via neighbouring land could not be considered as adequate.

But following the appeal, it was the secretary of state's view that:

Whilst the comments of the Borough Council are noted with regard to the fact that the surrounding neighbours may erect in the future an extension, high fencing, or even trellis, the Department considers that assisted escape would probably still be possible in one form or another and that there would be no need to provide a gate in one of these walls and to negotiate a legal agreement to provide for such access.

So it seems that building control should have no objection.

(And I'd say you're making a bit of a mountain out of a molehill.)

Full details: https://www.gov.uk/building-regulations-determinations - and scroll down to 'Ref: 45/1/183'

Or go direct to: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2782/Building_regulations_determination_45-1-183.pdf

G_M

moneyistooshorttomention wrote: »

Its a hassle (and little bit of expense) but cant you just change the fence panel to one that doesn't open into being a gate?

Depends who owns the fence. And the gate.

Is there a right of access mentioned anywhere in either your own Title and/or your neighbours?

Of course, even if the gate belongs to the neighbour there is nothing to stop you erecting a single fence panel 3 inches away from the gate on your own land.

jimbog

G_M wrote: »

there is nothing to stop you erecting a single fence panel 3 inches away from the gate on your own land.

...and requesting that they give 24 hours notice before any fire evacuation

Landofwood

OP you should definitely be asking for compensation. It is outrageous that you have been misled in this way. The vendor clearly lied to you and your solicitor is clearly not fit to practise. Take it to court and I would expect a 5-figure settlement to cover the loss of value of your property and emotional distress. Good luck!

(That's what you wanted us to say, right?)

TBeckett100

I can see OPs point. The garden feels it has lost a bit of privacy when the neighbour could just come through.

I don't really see the need for a gate. If there was a fire and I wanted to escape, I could probably run through next doors fence panel.

Personally I would pop a latch on your side. If there's a fire, she can knock

Hedgehog99

This should have been spotted by your solicitor. IMHO it comes under the same the of thing as a neighbour needing access on your land to maintain their property.

Agree with putting a bolt on your side - but do tell the neighbour.