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Barratt Homes sold me a house with views and then sold my view to my neighbour!!

Hello,

I was wondering whether someone would be able to please provide me some advice?

I purchased my new build property from Barratt Homes in August 2017. I was reluctant to move to the area as it had a bad reputation. However the property was on a street with 5 homes and was facing a grassed area and woodland - which is the main reason I bought the property. I was informed by Barratt (as were my neighbours) that nothing would be built within the area and nothing would be built on the land facing my house.

It has since become apparent that my adjacent neighbours have both purchased all the land right in front of my house - at the time they purchased their properties from Barratt - which was at the same time as me. I have never been informed they purchased this land.

To top everything off - this weekend the neighbours in question have built a 7 foot fence all around what what the grassland area and are planning a garage and all sorts of things.

I have been so upset because it looks awful and I feel it is now going to devalue my house. We haven’t had any planning consultations or anything to notify us m.

My next door neighbours are also fuming and really upset.

I really don’t know where I stand.

I have just raised a formal complaint with Barratt also.

If you have any knowledge on anything to do with similar matters I would really appreciate it. This is my first home and now I am heartbroken!

I just wish I could upload photos to this thread to show you :(
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Comments

  • antilles
    antilles Posts: 363 Forumite
    First Anniversary Combo Breaker First Post
    Not exactly sure of the situation but do you neighbours have planning permission for this fence and whatever else they are planning to build? I'd be surprised if they could just start building things without permission.

    And are you absolutely sure they own the land?

    I bought a house a few years ago which had no house opposite and a view of a big lake/woodland - my next door neighbour one weekend decided to extend his fences and parking spaces (opposite his house but out of view of my windows). The new fence and parking went right across where my view was and spoiled it - he also said he was going to put a garage on there!

    A few months later all the houses opposite the new fence received a letter from the Council saying it was a planning violation and it was on public land. They wanted whoever it was to own up - I presume someone reported it (wasn't me). In the end he had to remove the lot and restore it to its previous state.

    Maybe worth checking that the neighbour actually owns the land and that they have permission - if not then over to the Council (assuming they can enforce planning permission there).
  • xylophone
    xylophone Posts: 44,339 Forumite
    Name Dropper First Anniversary First Post
    Does your local authority permit the erection of a seven foot high fence in this situation?
  • I have spoken to Barratt and they have advised they have sold them the land. I just don’t get how they can do that without informing me and my next door neighbours?

    I have put a complaint into the local council also to see what they say. Because the street is on a private development can the council enforce?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    xmisspx wrote: »
    I just don’t get how they can do that without informing me and my next door neighbours?
    Because there's absolutely no need for them to do so.
    Because the street is on a private development can the council enforce?
    Yes, of course. Planning rules apply everywhere.

    Forget about complaining to Barratt though, I can't see you have any sort of case. If it was really the main reason you bought the property, you should have sought advice from your solicitor about whether what Barratt said was true.
  • p00hsticks
    p00hsticks Posts: 12,781 Forumite
    First Post Name Dropper Photogenic First Anniversary
    xylophone wrote: »
    Does your local authority permit the erection of a seven foot high fence in this situation?


    Seven foot possibly not - but generally fences up to 2 metres (6 foot six inches) are allowed so the OP may have been exaggerating a bit.
  • dawyldthing
    dawyldthing Posts: 3,438 Forumite
    If you get the land registry it shows who owns what borders anyway as it will be numbered with the house.
    :T:T :beer: :beer::beer::beer: to the lil one :) :beer::beer::beer:
  • Barrett have no legal obligation to tell you about the sale, and in fact would be breaking privacy laws to really disclose much at all to you. Solicitors responsibility to look into the legal status of the land as long as you let them know this was a major factor in the purchase and you wanted this investigated as part of the additional enquiries conducted during purchase. As other posters have said this now an issue with future planning rather than the original house builders who are perfectly entitled to sell the land they own without having to inform anyone else.
  • supa34
    supa34 Posts: 135 Forumite
    First Anniversary Combo Breaker
    Hmmmm problem is Barratt homes only said what you wanted to hear. They would sell their gran to close a deal.

    Why would they hold onto a plot of land that is not generating any income and needs maintenance cost?

    However I do agree with other posts. Some people are known to fence up an area that everyone assumes they own. Only for the person to claim it after ten years of "looking after" it.
  • I don’t get how they can sell you a property and do this. The land in front of my house was landscaped by Barratt and I have been paying a maintenance fee for this - when all along a neighbour owned it. It’s only this weekend the land has changed - it has been maintained for 16 months. How can Barratt not be liable when they informed that the greenspace wouldn’t change?
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    edited 16 January 2019 at 4:16AM
    xmisspx wrote: »
    How can Barratt not be liable when they informed that the greenspace wouldn’t change?
    Do you have this in writing? Was it a salesperson who told you this, or a legal representative?

    When I owned a property next to a new development, I wanted to know what was planned beside my house. The sales staff were very accommodating and supplied a plan indicating a landscaped area bordering my garden.

    Roll on 12 months and this landscaped green space wasn't created. The plans were amended and a 5 bed house and garden took its place. That was fine, because I prefered a private space there, but the point is I had no come back regarding thre matter, nor did the staff lie; it was simply what they knew at the time.

    Legal liability depends on evidence, usually written, which I suspect you don't have.

    Usually, the only way to protect your view is to buy it.
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