Issue with new build boundaries

artskol1

Hi,

We brought a new build property, 3 bed, garage, fully detached. We have exchanged contracts with Persimmon, and the house is nearly completed.
Our original boundary plan shows no shared access.

Upon going for a walk past the house, we have noticed that the neighbour will need to access our property to access their back garden. After raising this with Persimmon, they have sent us a revised plot plan showing the passage way as shared access. We won't need to access the path, we have no access to our house or garden, so it is just a gate to our neighbours garden.

As this isn't "shared access" as such, I don't know what it is classed as.

We are in two minds about whether to pull out of the purchase, or to continue as we do love the house. Our concern is that we would struggle to sell the house in years to come.

Would appreciate any advice etc.

moneyistooshorttomention

Sounds like you need to ask your solicitor whether the terms agreed as at date of Exchange can be unilaterally changed for the worse by the other party (ie the housebuilder in this case).

I would have thought the term you need is "material change" - as in the builder may be allowed to change things a bit (even after Exchange) but surely not to the extent it's a "material change" (ie something as major as this would be).

artskol1

Our solicitor has said they have broken the exchanged contract so if we wish, we can withdraw and be refunded any money already paid. Or, if we are happy to, Persimmon can change the boundary plans etc, and we carry on as normal.

moneyistooshorttomention

But has your solicitor said whether you can enforce the terms you agreed as at Exchange?

artskol1

We wouldn't be able to as the houses have already been built... we should be completing next week

moneyistooshorttomention

The houses have - so I can understand why houses couldnt be changed.

But you're talking about the garden - would gardens be more capable of being changed back to what you bought in the first place?

artskol1

They havent factored in any other way for the plot next to us to access their garden

Sibz

Not sure I'm getting this completely... But if there is an area where either or both parties need to access that is on one or other of the parties properties - surely that area is shared access - and would be described as such on deeds etc?

It's common to have shared back garden access, and access for bins etc... isn't this just the same as that?

artskol1

I don't share the access with them.
The passage way they have for their garden is my property in my boundaries.

Just seems funny that someone is accessing my property to access their back garden....

Sibz

artskol1 wrote: »

I don't share the access with them.
The passage way they have for their garden is my property in my boundaries.

Just seems funny that someone is accessing my property to access their back garden....

Can you not negotiate some deal with the developer on the back of their breaking the agreement legally? Perhaps they could fashion a fenced off walkway for your neighbour (it would mean you losing some land) and deduct an amount from the price you are paying for the property? You could aim for something better - as I don't imagine any developer would be happy to lose a sale this close to completion, especially considering costs they would incur such as re-marketing the property, and all the staff hours, legal fees etc...?

moneyistooshorttomention

artskol1 wrote: »

They havent factored in any other way for the plot next to us to access their garden

Admits to being puzzled as to why you mentioned the neighbours couldnt access their back garden. People can't do so on some houses and it wouldnt have affected you if they couldnt.

I'm now trying to think of whether I've ever come across any houses (new or otherwise) where someone had to go across someone else's garden to access their back garden - and I can't think of any. They either can access their back gardens (from communal land) or they can't access their back gardens and certainly don't use other peoples land to do so.

They'll be able to get at their back gardens from the kitchen door after all. If they want more access than that - they can always swop a window to french doors.

Personally - I'd never buy a house where someone else was using my garden for access and if anyone tried to impose that on me subsequently - they'd lose their sale, as I'd refuse to accept it. Most people in this day and age wouldnt tolerate a stranger in their garden.