New build boundary dispute

Benno1980

Hi all, I was after some advice - thanks in advance.

We purchased a new build property in May 2021 which a fence was erected priority to moving in.

the developers have written to me advising the fence was only temporary and largely on their land and will be removing it soon (I’m aware they can do this as stated in the TP1 schedule)

Im concerned their intentions are to remove the fence in order to build their garage into my garden. I have attached the plan of boundary line.

My question is, can I find out the dimensions of the garage (I have asked the developers for this to no avail) and from the plans does it look like it will encroach my land? 

Many thanks
Ben  

user1977

Not sure what you mean by dimensions if the garage if it hasn't been built yet? They're not allowed to build on the land you own, whatever the dimensions of the garage might be.

Brie

Have you looked at the planning permission on the local council website?  it should all be there.

Obviously if it's their fence they can certainly take it down.  And you could of course put a fence up on what you know to be the proper boundary which they would have no right to remove without your permission.

Benno1980

user1977 said:

Not sure what you mean by dimensions if the garage if it hasn't been built yet? They're not allowed to build on the land you own, whatever the dimensions of the garage might be.

Thanks, this is where I’m confused as I can not work out whether the fence is the boundary line? The plan looks like it is but does drop down slightly.

Benno1980

Brie said:

Have you looked at the planning permission on the local council website?  it should all be there.

Obviously if it's their fence they can certainly take it down.  And you could of course put a fence up on what you know to be the proper boundary which they would have no right to remove without your permission.

Thanks, I did try looking in the council planning site but could only find the actual development and the plans I already have.

Brie

I would ring the council to find out.  It's possible it's on an old plan that isn't obvious but they should be able to track it down as planning permission would be required. 

Also - possibly stating the obvious - your neighbour would need your permission to step onto your property to do any building that comes close to the boundary.  Obviously if you have a flower bed up to the fence they would need to either avoid this or replace anything they damage or disrupt.  Just something to keep in mind.

Benno1980

Brie said:

I would ring the council to find out.  It's possible it's on an old plan that isn't obvious but they should be able to track it down as planning permission would be required. 

Also - possibly stating the obvious - your neighbour would need your permission to step onto your property to do any building that comes close to the boundary.  Obviously if you have a flower bed up to the fence they would need to either avoid this or replace anything they damage or disrupt.  Just something to keep in mind.

Thanks Brie. I will contact the local council.

this is in the TP1 so unfortunately they are legally allowed to enter my garden

UnderOffer

So plot 53 is having the garage built? The garage walls will then become your boundary marker, I.e. looks like it will be fenced from your house corner, garage length wall, with another fence attached to end of garage? Our old property back garden was made up like this, we had our own garage as left side boundary followed by fence then neighbours garage forming bottom of garden then right side had fence with other neighbours garage forming the continued length of right side.  

Section62

Brie said:

Obviously if it's their fence they can certainly take it down.  And you could of course put a fence up on what you know to be the proper boundary which they would have no right to remove without your permission.

Brie said:

Also - possibly stating the obvious - your neighbour would need your permission to step onto your property to do any building that comes close to the boundary.  Obviously if you have a flower bed up to the fence they would need to either avoid this or replace anything they damage or disrupt.  Just something to keep in mind.

As per Benno1980's reply, on a new build development the developer is very likely to have given themselves all kinds of benefits, and imposed restritions, which allow them to do things a normal neighbour wouldn't be able to.

It wouldn't surprise me if there is a condition requiring the developer's consent to put up new/additional fences, and whilst that condition may not allow them to physically remove a separate fence Benno1980 puts up, they could be able to do it legally.

ProDave

So you live in plot 54?

You currently have just a fence as your boundary between you and plot 53 because plot 53 does not yet have the garage shown on the plan built?

If that is the situation, then you could have explained that clearer.  I deduced that by reading the replies above.

So the garage is now being built.  Part of the fence will come down, and the garage built and the garage wall will become your boundary.

Your garden will not get smaller but the makeup of the boundary will change, and there will be some temporary disruption to your garden while it is built (scaffold etc)

Just ask the builder to take as much care as they can, and reinstate your garden to it's previous state when they have finished.

Benno1980

ProDave said:

So you live in plot 54?

You currently have just a fence as your boundary between you and plot 53 because plot 53 does not yet have the garage shown on the plan built?

If that is the situation, then you could have explained that clearer.  I deduced that by reading the replies above.

So the garage is now being built.  Part of the fence will come down, and the garage built and the garage wall will become your boundary.

Your garden will not get smaller but the makeup of the boundary will change, and there will be some temporary disruption to your garden while it is built (scaffold etc)

Just ask the builder to take as much care as they can, and reinstate your garden to it's previous state when they have finished.

Hi Pro Dave,

Apologies, yes I should have been more clearer.

This is correct, my property is plot 54 and 53 is due to start soon.

my biggest concern is the garage will not follow the boundary line and will in fact encroach my garden, I have no faith with the developer as they have previously got the boundaries wrong on other properties.

further to my plans above they have sent a more zoomed in plan which does show the garage, however you can see the boundary isn’t straight and the garage almost lips into my garden. This is where I am concerned.

Thanks Ben