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Persimmon Contract Cancellation

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FTBuyer19
FTBuyer19 Posts: 5 Forumite
in House buying, renting & selling
Good morning,

I am looking for some advice if possible please.

I have recently bought a plot with persimmon on an estate in Wakefield. We chose the plot as it was sold to us as being really private with nothing overlooking it etc.

We exchanged contracts in January with a June-Sep completion date.

The big problem is the house looks onto some open greenery and an estate path which we have to pay a monthly fee for (which is fine by us). However, on the other side of the 'boundary line' there is an open footpath that is very busy and used a lot. With the close by McDonalds on the retail park we expect kids to be around and we are fine with that but Persimmon have now told us that there will be no fence put up on the boundary which allows people and especially large groups of youth to cut through the estate and right past our house.

Please can someone advise me on what to do? It may sound dramatic but we really do not want this plot if the estate is not being closed off (which I find really strange).

Thanks in advance for any help.

Jack
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  • Nasqueron
    Nasqueron Posts: 8,957 Forumite
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    Put up your own fence/hedges so they can't get into your garden and leave it at that?
  • FTBuyer19
    FTBuyer19 Posts: 5 Forumite
    edited 23 April 2019 at 10:11AM
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    thanks for the reply. We have thought about this and may have to be the final outcome however it's really frustrating that they are refusing to put up a fence along the boundary edge.

    Also we are paying a fee for the grounds to be taken care of but with the public footpath having no lighting it would encourage pedestrians to use to estate path.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Unfortunately the time to think about all this was before you exchanged contracts.

    What does their planning consent say about the (non)fencing?
  • FTBuyer19
    FTBuyer19 Posts: 5 Forumite
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    we were under the impression that it was going to be fenced off as we were told it was a private plot.

    got an email back from the solicitors today who have been in contact with them saying...


    'Many thanks for your email of 15th April 2019. The Company have advised that currently nothing is proposed between the site boundary and Red Hall Lane. There is an amount of planting to be done between the onsite path and the site boundary but no fences I’m afraid.'
  • k3lvc
    k3lvc Posts: 4,174 Forumite
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    FTBuyer19 wrote: »
    Please can someone advise me on what to do?

    Your options depend on how deep your pockets are and how strong your beliefs are

    If beliefs are strong then you pull out of contract and lose your (10%) deposit plus and consequential costs for Persimmon

    The more financially sensible option would be to find the biggest/strongest fence you can for your own property but let go of the notion that you can control who does/doesn't enter the estate.

    If the estate is where I think it is then there's never been any idea that this would be closed off in any way
  • comeandgo
    comeandgo Posts: 5,751 Forumite
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    Would you be looking to sell in the near future? Things like this will reduce the people who want to buy your property. The fence, is there anything in planning that refuses any boundary fencing? An area I lived in we had to have open plan gardens, only three inches of fencing as boarders.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    davidmcn wrote: »
    What does their planning consent say about the (non)fencing?
    Answering my own question, the approved planning drawings only refer to planting between the estate road and the existing bridleway, rather than any fence.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    edited 23 April 2019 at 11:01AM
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    My front garden is "private". That doesn't imply there's a whacking big fence around it. I'm sorry to say you made a big mistake in your assumption.
    You might find it better to plant a hedge, something like pyracantha, than a fence. Cheaper to put up, much less susceptible to damage, doesn't encourage leaning up against (the opposite), and zero graffiti. Also if there is a prohibition against fences a hedge will grow up quietly and by stealth and be less noticeable than a whacking 6ft fence you put up thats not there one day and there the next.
  • FTBuyer19
    FTBuyer19 Posts: 5 Forumite
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    the thing is we haven't actually put a deposit down yet as we are using help to buy. This is why I am posing the question.
  • k3lvc
    k3lvc Posts: 4,174 Forumite
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    FTBuyer19 wrote: »
    the thing is we haven't actually put a deposit down yet as we are using help to buy. This is why I am posing the question.
    So have you 'exchanged contracts' or not ? If you're not sure of this then you need to be asking your solicitor asap
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