New Build, wont have full access to garden after moving in

makeitstop

fashionvictim wrote: »

I know on my new build contract it says developer can alter the boundaries at any time, even after completion if it does not significantly affect the property value.

So I basically take it that buying a new build means the normal theories of property buying do not apply.

Read your contract I sure they are allowed to do what ever they like !

What.???....Who the hell is the developer for that.?

moneyistooshorttomention

I don't see how they could do so even after Exchange of Contracts time (surely it would be breach of contract and the law would trump anything they had written to try and give themselves the ability to do so?)

As for doing it after Completion - it would be in the hands of Land Registry at that point and they would surely have been told the boundaries of the property they were in process of registering. Cant see them agreeing orders from a developer on what would (by then) by the owners house as to a change of boundaries. Is the Land Registry rep. around to tell us the position on this?

gregsayer

as far as my original situation as described in my OP,


its not the setting of the boundries that's an issue, (infact part of the rear boundry, is the side wall of another house.


my issue is, the developer is temporary restricting access to the last 1/3rd of the garden, as it still has scaffolding in place for the house at the rear of mine, which hasn't even been built high enough to have bricks over the door frame, this house is due for completion in june.


they are installing temporary fencing, until such time as they can remove the scaffolding, and then install the permenant fencing.
there isn't an issue with the property boundry.


I've tried to get them to turf my garden in return, as I wont be able to have access to do it myself, but they said no.

fashionvictim

Basically whatever people think Greg you must of had the contract through if you are due to exchange & move in this year. My contract says all the things they are allowed to do. Whilst your contract may be different if it's a different developer it will say. And I have not exchanged either yet.

I would be annoyed and maybe you can delay a bit to post xmas.

If you have paid for turf surely, they will do the part of the garden and then make good the rest later when you get full access. I get the impression the sales office people say NO as a default.

chappers

You haven't exchanged yet, personally I don't see what you can do regardless of what it says in the contract that you haven't yet signed.
If there is no mention of access for continued works and you say you are going to deny them access then they will just turn around and say OK we won't complete on your property until those works are finished.
All part of the fun of buying a property on an unfinished development.