No wayleave agreement for lamppost on new property

nanna2milo

My granddaughter and her finance recently bought their first home off plan from a major house builder.  When they moved in they discovered a lamppost in their front garden for which there was no wayleave agreement and no indication on the floor plan.  The company's solicitor has said it is not normal to have a wayleave agreement where no money is paid. Is this true? They would not have bought the house knowing about the lamppost because it impedes their plans for the front garden and potentially devalues the house.  She believes it reasonable to assume some prior notification of the lamppost should have been given. The local agent for the builders does not want to know.

Thrugelmir

A question that should have been asked before buying off plan. If it was that important. 

AdrianC

I bet if they read the paperwork they agreed, it tells them that there may well be manholes, lamp posts, and other infrastructure in the plot, as required by the layout of the development itself.

No, it won't "devalue" the house. They can plan their garden around it easily enough.

ameliarate

Thrugelmir said:

A question that should have been asked before buying off plan. If it was that important. 

Who would think to ask will there be a lamppost I the garden?

Robin9

Most unusual for a lamppost to be in a garden .  Usually at the back edge of a footpath or in a service strip which may not be very obvious but would be shown on the plot plans.  The service strip may well be grass and your granddaughter would have the rights to pass over it.

Photo please

davidmcn

ameliarate said:

Thrugelmir said:

A question that should have been asked before buying off plan. If it was that important. 

Who would think to ask will there be a lamppost I the garden?

When you're looking at all the drawings on the developer's planning application.

I expect rights will have been reserved in the title, so either solicitor didn't explain that, or the buyers weren't paying attention. 

Davesnave

I understand modern developments have small gardens, but that one must be exceptionally tiny if a lamp-post 'impedes' their plans for it. 

Is it in the middle? That might be less acceptable, but devaluing the house? It would certainly be worth less if the development had no street lighting.

Martin_the_Unjust

Look on the 'bright' side, they have a free outside light 😀

silvercar

Check who is paying for the lighting, is there a mysterious switch inside the home?

Davesnave

Robin9 said:

Most unusual for a lamppost to be in a garden .

Unless the owner wants one. Out here in the sticks, where we don't have street lamps, one neighbour has 'planted' his own  Victorian one, with a dusk to dawn PIR, which sets him apart from those poor souls around who can only afford animal-activated things stuck to their houses. He also has a bright red wheelie bin, while the rest of us make do with green. Now, a lovely red post box has also appeared, though he's been forced to display a notice stating it's not one owned by the Post Office.

Clearly, all these extras are signs of great status, so the OP ought to be really pleased....and anyway, seeing the Milky Way is no big deal, is it?