Potential Garden Fence Issue - New Build

getmore4less

If other parts of the estate are built(this being phase 3) what have they done for those properties.

getmore4less

In some ways it might be better to have that bit owned by the other house they get to maintain it and you get access to maintain your property.

your drive and access is the other side you will soon get fed up mowing that strip if grassed.

mrschaucer

getmore4less wrote: »

In some ways it might be better to have that bit owned by the other house they get to maintain it and you get access to maintain your property.

your drive and access is the other side you will soon get fed up mowing that strip if grassed.

Perhaps the OP is worried that the kids will use their house wall for football practice? THUMPPPPP and "It's a GOALLLLLL!" over and over again?

Grezz24

Theres no other house on the estate thats got that setup from what i can see on the site plan so ive not been able to go and take a look.

its a worry about if people will use that wall for anything else, and its just that bit at the side of the house, its the entire garden fence would shift over a couple of foot which is a loss vs what we paid for (every little helps with the garden)

mrschaucer

So you're saying you thought you were totally detached, and could walk all around your boundaries, and now they want to attach you to someone else's garden by removing land you thought you were buying? Do you know what the deeds for the other house show?
Your solicitor should be asking the developer why the fencing doesn't match the deeds.

Edit: You ARE using your own solicitor, aren't you, not the developers' one?

AlexMac

Surely the bigger issue is that if the fence goes up in the way shown, the neighbour at 153 will have stolen a narrow strip of your land? This could cause signficant problems when you in turn come to sell on. (even if you don't mind having a slightly smaller garden than on the land registry).

So sort it now rather than leaving a conveyancing problem for the future, or leaving the neighbout to "occupy" the strip (and eventually claim Adverse Possession?).

A lesser issue is the one mentioned above; about whether the distance between the houses is so narrow as not to permit a mid-set fence and two walk-ways? One solution to that is to put a gate across the front access, and two 45 degree angled gates at the rear, from the correctly positioned mid-set rear garden fence? This works quite well at our kids' property, as they and their neighbours can both access the narrow I or 1.2 metre passage, from their own separate, lockable rear gates to access the rear garden to save barrowing garden spoil, turf, firewood, etc throught the house. The front gate can be secures with a simple bolt secured from inside, or a lock to which you both have keys.

If that happens, however, ask your solicitor to tie up any loose ends in case it sets precedents of rights of shared access, storage, ablity to roof it over or errect structures, etc or use it as a bike store, etc

Your solicitor works for you; tell 'em to sort it out before you exchange.