Potential Garden Fence Issue - New Build

Grezz24

So we are in the process of buying a new build (already paid deposit and signed contract etc) but i have a query about a mismatch on the site plot vs the deeds.

The house is plot number 154.

The site plan shows that we only have access to 3 sides of the house, the 4th belonging in the neighbors garden as seen here:

https://pasteboard.co/HMZOErP.png

but the deeds show that we actually own the land all around our house, and that the fence will be positioned between both houses as opposed to up against our wall. seen here on the deeds:

https://pasteboard.co/HMZP4ps.png

I have spoken with the site and my solicitor and been told that the deeds are king. However ive been told that the fence team may follow the site plan not the deeds so ive asked them to clarify this.

Concern is lost land / lost access to one of the walls (not end of world but its still a loss vs what we have paid/will pay).

Does any one have any thoughts on what we could do if they put the fence against our house. Could we legally ask them to move it as it doesnt match the deeds. Would this also be a breach of the contract that we have signed (or is there a clause i should be looking for allowing changes etc).

Thanks

G

James1968

If the fence team erect the fence in the wrong place, then get your solicitor to write to the site manager to get it put where it should be.

davidmcn

The contract will almost certainly allow the developer to make minor changes before completion. What matters is whether the plan used at completion matches what is on the ground.

AnotherJoe

Make sure the site team don't put the fence in the wrong place in the first place. Be firmer with the site manager and make sure that he or she knows that if it's put in the the wrong place you will be a PITA until it's rectified.

Sibz

Would they erect a fence right against a wall? Surely if there's a fence it would be either equidistant between the properties or each plot would get the land to the left or right and so on...? Have the developers built other sites that are similar that you could see?

getmore4less

Is the going to be a fence between the houses.

Check the planning app that will have the details of where the fences are and materials

chances that fences separating the gardens will stop at the houses.

getmore4less

Checked the planning application(s) they don't show a fence down between the houses.

Ref for the OP: P/2014/0627 to get started.


I would check they sorted the Japanese knotweed and Himalayan balsam that was on the site.

chunkytfg

What's the distance between the two houses? If the run the fence down the middle of the gap as you want then will you both actually be able to get down the gaps left?

Also don't forget you have a right of access to a neighbouring property for the purpose of maintenance on your own property.

Grezz24

getmore4less wrote: »

Checked the planning application(s) they don't show a fence down between the houses.

Ref for the OP: P/2014/0627 to get started.
.

edit:
i found the map - extract here:
https://pasteboard.co/HN8Fa69.png

So the deeds dont match the planning permission, so would planning permission be king over the deeds when it comes to laying the fences.

Ill speak with the site and ask to see the plot layouts for the gardens. But the question i have is do they have to follow whats on the deeds, or will the site plan trump that if it matches the planning permission?

Thanks

getmore4less

Grezz24 wrote: »

Was you able to see a map of the homes through that, ive took a look but not returning anything other than the high level of the application (name/address etc).

So if the deeds mismatched what the planning application said where would i stand there?

You have to go through the documents(177 of them) attached to the planning application

I found 17 applications relating to the propertybut some are for a sub part of the site where they have moved stuff around a bit.

Loads of site plans with fences shown

There should be a document that describes the fences in more detail.

Grezz24

getmore4less wrote: »

You have to go through the documents(177 of them) attached to the planning application

I found 17 applications relating to the propertybut some are for a sub part of the site where they have moved stuff around a bit.

Loads of site plans with fences shown

There should be a document that describes the fences in more detail.

Ok thanks ill start to dig through where i can. The last site plan that was updated doesnt show the fence going down between the house. it just seems to stop at the end.