Advise Needed - Sellers wants to retain part of garden

googler

"What exactly is their proposed use going to be? Will they need planning consent? (considering the current permitted use is a garden ancillary to the house)"

Aran_101 wrote: »

Construction materials as seller works in this industry.

So he will need planning consent at some stage, unless it has been granted already for change of use. You can check this at council's website.

He'll also need planning for erection of any buildings on the plot. So potentially you or any other neighbour could object, and he might not be able to get planning consent.

As was said, do you want a builder's yard at the foot of your garden, with all the noise, mess etc. that would entail?

No. Just no.

You get the whole of what you expected to be buying, or you walk. You do not entertain this idea at all.

AdrianC

Lucius45 wrote: »

Another thing to consider is this problem will come up again should you ever sell the house.

It will, at least, be an established builder's yard with an established RoW, instead of coming as a surprise post-offer.


If the vendor had any wit about him, he'd have done that before listing the property.

googler

Aran_101 wrote: »

Details about land retained, shared accessway and electricity was told only after solicitors we involved and not after offer was made.

So they're trying to make a material change to what you offered on, and what they want to sell to you.

This wouldn't fly in any other transaction, and should not here.

You agree to buy a car, and on delivery it arrives without a passenger seat, fuel injection system and fuel tank, because the seller decided to keep them to fit in another car?

No, no, no...

[Deleted User]

I’ve never heard of anything like this before and if it were me I certainly would be pulling out without question

I guess the house was not advertised with this as a clause as they knew they would never get a foot in the door

God knows what issues it may throw up in the future.

Run away now!

Davesnave

Deleted_User wrote: »

I’ve never heard of anything like this before and if it were me I certainly would be pulling out without question.

Very common in the countryside, where a house can come with or without a small paddock, with a difference of, say, £20-40k.

Not everyone wants a paddock or can stretch to pay for one, but they might like the location and the main property.

I accept it's not the same as this, but the principle is similar. Usually disclosed up-front, of course.

Aran_101

Seller may pay for electricity but I don't have any means to isolate his usage.

googler

Aran_101 wrote: »

Seller may pay for electricity but I don't have any means to isolate his usage.

Which brings up another complication issue - if you signed up to provide permanent 24/7/365 electricity supply to his yard, you wouldn't be able to shut your own down for maintenance or modification.

Cakeguts

So the vendor shows you his house and garden as it is now and you make an offer?


Then once your solicitors start on the legal work it comes to light that this is not what is actually being sold to you. What is actually being sold is a house with a ROW to a construction yard on what is at present some of the garden? This construction yard isn't just for storage or for use occasionally because it needs an electricity supply from the house so will be used all the time as a construction yard for storage of materials and vehicles?



Personally if that happened to me I would just withdraw the offer and find something else. Apart from the fact that they got you to offer on something which wasn't actually what they were selling. They also seem to think that you will be quite happy living next to their business. I mean if you wanted to buy a house with an industrial unit at the bottom of your garden you would have looked for one like that not looked for a house with a normal garden?



What you have to consider is if they do this to you while selling the house what on earth could they do when you live there as they clearly don't seem to care about being totally misleading. At the moment your solicitor picked up on what they were up to but it would be much harder to do that if the construction yard slowly got bigger and moved into more of your garden.

CarrieVS

Cakeguts wrote: »

This construction yard isn't just for storage or for use occasionally because it needs an electricity supply from the house so will be used all the time as a construction yard for storage of materials and vehicles?

I'm not sure that's an entirely warranted assumption. It's just as plausible that they're only going to use it for storage and only visit occasionally to store/remove/check goods, but they want to put in a light somewhere for occasional use.

I'm not suggesting that I don't think OP should worry, just don't think you have the evidence to say it must be the worst-case scenario.

hazyjo

The mention of 'shared access' would be enough to put me off. Let him go rent a bloody lock-up somewhere. Absolute big fat no from me, I'd not even have taken time to think about it. Would have been an instant no. This sounds like hell. If you do agree and find it hell, you will (very likely) have huge problems trying to sell if that's what you choose to do as there would prob be a dispute too.


So you might be sunbathing in your back garden, hosting a BBQ or have dogs loose, and he might be in and out of a side gate? "Don't mind me..." Can just imagine it!