New build problem

helejenkins1

I am currently in the process of buying a new build. Everything was going through fine until they sold the house next door.
The kitchen windows in each house face each other, approximately a metre and a half apart. The land between the 2 properties is ours. The lady who bought next door has rightly stated she won't be able to clean her window without access to our land so the builders have said we need to come to some sort of agreement.
Their solution at the moment is to make the land joint ownership but states it needs our consent to change the title deeds as we have already bought the house.
Now getting to the point, what would you do. This is land I purchased so can I ask for any sort of compensation for this ie a price reduction or turf in the garden? In all honesty this is land that is so narrow we wouldn't have had any use for it but I can't help thinking if the builders had thought properly this could have been avoided by building one of the houses the other way around.

helejenkins1

I forgot to mention in part exchanging my house with them so can they pull out of that if in awkward??

gregsayer

morgage company may have issues.


say no, and just let the window cleaners to use it!

dc197

You could keep the land and let your neighbour access it to clean her windows.

My house is similar and I have a clause in my deeds that means I must allow the neighbour to enter my land to access the side of her house.
The neighbour has asked twice in 7 years and it's never been a problem. Although if she asked again it'd have to be at a time convenient for me as our new dog would need to be kept under control.

Your deeds might have such a clause when you get them, or one might need to be added to avoid future ambiguity.

AnotherJoe

I would just say you will agree to let her round to clean her windows rather than get involved in changing your deeds. Sounds an utterly bizzarre setup though who the heck want to be looking at their neighbour from a few feet away? Must be very dark in the kitchens as well.

Have you actually bought yet? Have you stood into the kitchen and looked into theirs? is that acceptable to you?

EmmyLou30

Just say you're happy to grant access for window cleaning (let's face it, it's not very often and the window won't get that dirty with the houses so close together) but the land will still belong to you. I wouldn't go giving away any rights to your land. Another thought - does the window open? As legally I'm sure it shouldn't as she'd be opening it into your airspace! To be honest I'm surprised any reputable house builder would make such a blunder.

helejenkins1

We have only been in the house once. There was a lot going on with builders and materials everywhere that I didn't even notice.
I'm going to go tomorrow and have a good look. I was thinking of suggesting they put frosted glass in the window. Light shouldn't be a problem as there are French doors in the kitchen as well but I don't really want to be staring at my neighbour every time I do the dishes.
The window does open over our land as well.
We are due to exchange contracts by the end of the month, I hadn't even thought of the mortgage company not being happy with it.

dc197

helejenkins1 wrote: »

Their solution at the moment is to make the land joint ownership but states it needs our consent to change the title deeds as we have already bought the house.

helejenkins1 wrote: »

We are due to exchange contracts by the end of the month

Have your bought the house yet, or just paid a reservation fee/ deposit?
If only the former then the deeds may not have even been written yet. It's possible that making the plot you propose to buy smaller or otherwise altering the ownership of the strip could happen without altering the deeds if they don't exist yet.

helejenkins1

dc197 wrote: »

Have your bought the house yet, or just paid a reservation fee/ deposit?
If only the former then the deeds may not have even been written yet. It's possible that making the plot you propose to buy smaller or otherwise altering the ownership of the strip could happen without altering the deeds if they don't exist yet.

The contracts were sent out to me the beginning of the week, although at the moment I have paid nothing more than a reservation fee.

AnnieO1234

Double check with the local council that there aren't ordinances or similar. In fact it may even be based entirely in the UK. All I know is that from when our home was built in 2012 no window was able to overlook another property at close distance. There are certainly no windows on any property here opening over other's airspace.

Another aside all our windows are cleanable from the inside out, is it possible that the ones being installed might be too? In that case, your neighbour would have no need to enter your garden at all.

Something doesn't feel right at all here though from my experience, and a call to the local planning department might shed more light onto it.

If you haven't yet completed the builder will reserve the right to make whatever changes to the plan are necessary, that's usually a standard contract term with most developers. xxx

KRB2725

I thought the glass had to be obscured and the window be non opening if the houses are that close together.