Issue with new build boundaries

artskol1

We did try this today. They told us they will offer us £500 goodwill gesture, or we walk away from the house

moneyistooshorttomention

IF you really can't force the builder to stick to the agreement (and I'm still feeling puzzled about not having seen any evidence they can't be made to do so) - then I'd walk.

The thing is that you aren't just thinking of the fact you'd have strangers walking across your garden - but it would feel sickening every time they did so and you remembered your agreement didn't include having that problem.

Add the fact it would definitely decrease the value and saleability of your house - as there are quite a few of us that automatically discount any garden that isn't totally ours alone. Those that are prepared to accept strangers in the garden would only be doing so on the basis they'd be paying noticeably less for the house than a more "normal" house in that respect.

I'm trying to recall what the discount is between a "normal" house and an absolutely identical one (but strangers allowed in the garden) and I think it's 10% less for the one without a private garden. You'd need to google on that to see what the discount would be - but there definitely IS a discount on shared gardens like that.

When I bought my current house I wasnt aware that neighbours had a habit of trespassing in my garden - and I put a stop to that quicksharp and the main reason was because, as far as I could work out, it would knock around £20,000 off the value of my house (and I'd be willing to bet my house is worth noticeably less than the one you are buying).

HampshireH

:eek:Lets hope the neighbours don't hold parties with people coming and going via the garden

I can't really envisage this set up based on what you have said. There are lots of houses where a neighbour has a right of way through a neighbouring garden. They are usually older properties.

Your post however doesn't read like they will be walking through your garden but that there is a passageway deemed yours in the deeds but that leads solely to the neighbours back gate. That you don't have external access to your garden from this passageway?

Sorry if I have completely misread that. Do you have any diagrams to show the impact/intrusion.

If its through the garden I would walk away. £500 would not cut it.

artskol1

Yes you are correct. We have no access to our garden using this passageway. The passageway is our land, but their access to their garden. We'd have no reason to be using the passageway

HampshireH

So you would be liable for the upkeep of said passageway but with no benefit.

If the deeds for both properties do not grant a right of way to your neighbours or shared access and shared responsibility for maintenance.

You could always put a gate it and create a shared access.

I have a pathway at the rear of my garden that I am liable for in my deeds from the end of the carpark to my dividing fence. It serves no purpose to me whatsoever my gate is to the front (everyone elses is onto this pathway). The neighbour picks up ownership from the dividing fence to the next and so forth. So its not entirely unusual.

Do they have to cross your driveway or anything to access this passageway or does it lead directly to communal land?

Lucky_Duck_2

Did you deeds give a right of access onto your property for this other land owner?

If not your builder may well have a problem if you go on to complete

artskol1

I don't believe they cross my driveway. I can't get close enough to the house yet, but it appears that they will access the passageway from a path leading from their front door

Sibz

artskol1 wrote: »

We did try this today. They told us they will offer us £500 goodwill gesture, or we walk away from the house

£500... Unless the impact is absolutely minimal and this is a non-issue that is poor.
It would be easy for me to say play hardball with them but I'm not risking anything, unlike yourself.
That they've left you in this position 1 week short of completion is quite despicable. I was considering a Persimmon home very recently, I'm glad I chose elsewhere after reading this.

Do you know if the house next to yours is sold yet, and if so what the move-in date is for the neighbours? As it's your land there would be nothing stopping you parking a caravan (or anything right outside their garden gate as it's your property. Then Persimmon would have 2 very real complaints to deal with. Are you just speaking to the same person from Persimmon? Have you tried taking this higher, or even threatening to?

Davesnave

Would you be happier if the passage way belonged to the neighbour instead, and if so, could you negotiate a reduction in price by way of compensation? I wouldn't settle for £500 though.

After all, if you will have no access from it, this walkway must be fenced, and if you have a means of external entry to your garden there's no way you can find a good use for it.

sammyjammy

Can you not provide a diagram?