House being built close to fence

gcoopermax

We bought our new-built house couple of years ago and the construction of the other houses on the estate is still ongoing. I couldn't help but observe that the wall of the house immediately towards rear of our fence was within 0.5m of our fence. And unsurprisingly, received a call couple of days ago from the construction manager of the builder that apparently our garden is about a meter larger than planned! The manager proposed that they are not able to build properly and have to put some part of scaffolding onto our garden for 4 weeks and as a goodwill gesture for cooperation, they will restore any damage to the garden and anything else we want done in the garden, within reason. 

I was a bit shocked first and concerned now as to which way this will go. All the houses in our row appear to have been affected (i.e. have larger gardens) however only our fence is in the close proximity of the rear house. So if our fence is moved inwards make more room between fence and the house being constructed, it may look very strange. If it is not moved, then the house will be very close to the fence. Either way it visually looks very odd. 

Whether to allow them to build scaffolding into our garden - well, our garden is currently flooding (probably due to compacted soil beneath the lawn) and we have raised this with the builder. We could always permit them to build the scaffolding and then have the entire garden fitted with drainage and turf redone. But regarding the fundamental problem of proximity with fence, I am trying to understand how this will affect us in the future in terms of resale value. 

user1977

Have you checked whether you actually own this "extra" metre of garden? If not then the developer is probably entitled to shift the fence to where it was meant to be...(and if that doesn't happen and you don't otherwise acquire title to that strip, you've then got a future legal headache)

Section62

gcoopermax said:

Whether to allow them to build scaffolding into our garden...

If the developer is the same as the one that built your house then check the paperwork carefully before deciding what to do.  It is fairly common for developers to reserve the right to enter properties, including things like putting up scaffolding, to enable them to complete the development and/or any rectification work needed.

If they have done this in your case then you'll have a fairly weak hand, so don't try overplaying it and risk the developer remembering they don't need to offer anything to get your agreement.

ProDave

Are they actually talking of moving the fence?  I read your description as the scaffold will straddle over the fence partly standing in your garden for the duration of the build and when complete they will repair any damage done to your garden.

Small price to pay to get a bigger garden than you perhaps should?

FreeBear

user1977 said:

Have you checked whether you actually own this "extra" metre of garden? If not then the developer is probably entitled to shift the fence to where it was meant to be...(and if that doesn't happen and you don't otherwise acquire title to that strip, you've then got a future legal headache)

I recall a case a couple of years back where a poster had purchased a new build. Developers claimed (a year later ?) that the fence was in the wrong place and it needed to be moved. Not sure what the outcome was, but the poster was digging their heels in very firmly and refusing any changes.

As for the OP, I'd accept scaffolding (it won't be up too long) as long as damage is made good, and the fence remains where it is.

jonnydeppiwish!

FreeBear said:

user1977 said:

Have you checked whether you actually own this "extra" metre of garden? If not then the developer is probably entitled to shift the fence to where it was meant to be...(and if that doesn't happen and you don't otherwise acquire title to that strip, you've then got a future legal headache)

I recall a case a couple of years back where a poster had purchased a new build. Developers claimed (a year later ?) that the fence was in the wrong place and it needed to be moved. Not sure what the outcome was, but the poster was digging their heels in very firmly and refusing any changes.

As for the OP, I'd accept scaffolding (it won't be up too long) as long as damage is made good, and the fence remains where it is.

The fence was moved according to land registry document. 

user1977

FreeBear said:

user1977 said:

Have you checked whether you actually own this "extra" metre of garden? If not then the developer is probably entitled to shift the fence to where it was meant to be...(and if that doesn't happen and you don't otherwise acquire title to that strip, you've then got a future legal headache)

As for the OP, I'd accept scaffolding (it won't be up too long) as long as damage is made good, and the fence remains where it is.

But how much good will it do the OP for the fence to remain where it is, if they don't own the metre of land in front of it?

Cloth_of_Gold

ProDave said:

Are they actually talking of moving the fence?  I read your description as the scaffold will straddle over the fence partly standing in your garden for the duration of the build and when complete they will repair any damage done to your garden.

Small price to pay to get a bigger garden than you perhaps should?

I agree, but as another poster said, does the OP actually own this extra piece of land? I would want that clarified and, if so, make sure it's on the title deeds and, if not, do they intend to claim it back? If they don't, again it needs to be included on the title deeds.

FreeBear

jonnydeppiwish! said:

FreeBear said:

user1977 said:

Have you checked whether you actually own this "extra" metre of garden? If not then the developer is probably entitled to shift the fence to where it was meant to be...(and if that doesn't happen and you don't otherwise acquire title to that strip, you've then got a future legal headache)

I recall a case a couple of years back where a poster had purchased a new build. Developers claimed (a year later ?) that the fence was in the wrong place and it needed to be moved. Not sure what the outcome was, but the poster was digging their heels in very firmly and refusing any changes.

As for the OP, I'd accept scaffolding (it won't be up too long) as long as damage is made good, and the fence remains where it is.

The fence was moved according to land registry document. 

The thread I had in mind was this one - https://forums.moneysavingexpert.com/discussion/6235872/18mo-after-moving-into-new-build-told-our-garden-fence-temporary-will-now-lose-31-5msq/
Then I came across this one during my search - https://forums.moneysavingexpert.com/discussion/6271908/property-developer-trying-to-take-land-back-from-young-family

sheramber

And neither came back to update us on the outcome.

TheJP

Classic case of new build naivety, OP dependant on the deeds and land registry you likely need to let them crack on, as is such with new builds. Im sure you have paid for what was advertised just not what was modelled. It will cost you a hell of a lot to try and pursue.