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Help please, garden over fire route?

Hi all
We bought our dream house 2 weeks ago, haven't moved in yet as we're still renovating the place but we have had 2 neighbours coming to us telling us to 'fix our fence' which we didn't get at first but apparently the actual size of our garden is smaller than on a paper. Main reason we chose this house over many others in better condition was this garden which apparently was extended over the fire escape route.
Looking at the garden from the first floor we're the last house on the left, it's semi detached property and our neighbour's on the right have this small bit smaller garden (which I put down to being the last property, extra few metres for corner garden).
If it was done by previous owners, how does this affect me? Am I obliged to move my fence to clear the path? Can I be sued? Don't want to be the !!!!! who just moved in and is causing problems but I honestly had no clue about any of this and like I said the garden was the selling point for this house.

Comments

  • martinthebandit
    martinthebandit Posts: 4,422 Forumite
    Eighth Anniversary 1,000 Posts
    Fire escape route? Across a garden of a domestic dwelling? Somebody is having a laugh.

    It might be that your neighbours have right of access, did your solicitor say anything about it?

    If you don't find joy in the snow,
    remember you'll have less joy in your life


    ...but still have the same amount of snow!
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Fire escape route? Across a garden of a domestic dwelling? Somebody is having a laugh.

    It might be that your neighbours have right of access, did your solicitor say anything about it?

    Agreed. Never heard of a fire escape route across the gardens of houses.

    Right of way, maybe. Did you actually check the title plan and register when you were sent it? Check it now.
    Everything that is supposed to be in heaven is already here on earth.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    When you went through the paperwork with the solicitor, did you raise that the map on the LR entry was different to what you thought the garden was?

    Remember, the solicitor has never been to the property.

    If the garden fence and the LR map tie up, then your neighbours are the ones who are in the wrong. Print the map off, invite them round for tea and cake, and have a friendly discussion.
  • Yes it's like a pathway between gardens on our side of the street and back of the gardens of the neighbours so basically now my fence is back to back with the neighbour claiming it should be a path between our gardens.
    And no I haven't talked with my solicitors yet as well I thought we were done here, completed the sale 2 weeks ago but obviously it never came up
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    And no I haven't talked with my solicitors yet as well I thought we were done here, completed the sale 2 weeks ago but obviously it never came up
    So you exchanged then completed without looking at the map of what you were actually buying?
  • Albala
    Albala Posts: 310 Forumite
    100 Posts Second Anniversary Combo Breaker
    AdrianC wrote: »
    So you exchanged then completed without looking at the map of what you were actually buying?


    From original first post: "apparently the actual size of our garden is smaller than on a paper."
    So maybe they did?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 20 May 2019 at 6:59PM
    when you checked the Title document and Title Plan that your solicitor sent you before you Exchanged contracts, did you inform your solicitor that the garden and location ofthe fence did not match the paperwork?


    Have you now re-checked the Title document and Title Plan? What do they say/show regarding the boundary and ROWs?
  • Jono111
    Jono111 Posts: 152 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    Are the properties on the other side of the path terraced / flats and the path is there for them to access their gardens.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Albala wrote: »
    From original first post: "apparently the actual size of our garden is smaller than on a paper."
    So maybe they did?
    "a paper".

    That could cover a multitude of sins, from a scrawled sketch waved by a neighbour...
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