New Build Boundary Query

JapeMincers

JapeMincers

JapeMincers

Associate
Joined
25 Oct 2023
Posts
8
Location
Shropshire
Hi OcUK,

I'm just looking for a bit of advice really. We're in the process of purchasing property 1, which is in England, however we have some concerns relating to the boundary of property 2. The area shaded in green is grass, but belongs to property 2, as you can see the boundary goes right up to our side bay window.

8d2TjKM.png


We really weary of this for several reasons, some being:

  • We'd have to traverse their property to clean the exterior of our bay window
  • If the grass isn't maintained, then it would also make our property look messy
  • There would be nothing stopping them extended their garden by moving their fence outward, thus hampering the view out of our window.
From what the sales consultant has told me, property 2 has yet to be sold, so we've asked what they can do to address this. I am wondering what OcUK would think the likely outcome of this would be, or if they've experienced something similar?

I guess there are four possible outcomes:

  1. Half and half
  2. It gets included in our plot
  3. It gets removed from plot 2 and just becomes part of the public property, maintained by the managing firm.
  4. Nothing.
The more we've been thinking about this, the more we're thinking this is a deal breaker for us, which is a shame as the rest of the property and plot is really lovely and I know the home builders are keen to exchange ASAP.
 
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JapeMincers said:
The more we've been thinking about this, the more we're thinking this is a deal breaker for us, which is a shame as the rest of the property and plot is really lovely and I know the home builders are keen to exchange ASAP.
Click to expand...

Then tell the builders. If in any doubt walk away. There will be other properties.
 
that sounds a weird setup (to me anyway) so if i understand it, property 1's bay window is right on the boundary of property 2 and is looking straight on to the garden of property 2? if i was in property 2 there'd be a fence/hedge going up pronto. but i could be completely misunderstanding so apologies if i am! and if i'm correct, then yea i'd walk away too.
 
I'd have thought they would square 2 off so that bit in green would be down to land management to look after

But maybe they've done that so that they don't have to upkeep it
 
Thekwango said:
that sounds a weird setup (to me anyway) so if i understand it, property 1's bay window is right on the boundary of property 2 and is looking straight on to the garden of property 2? if i was in property 2 there'd be a fence/hedge going up pronto. but i could be completely misunderstanding so apologies if i am! and if i'm correct, then yea i'd walk away too.
Click to expand...
this
 
Thekwango said:
that sounds a weird setup (to me anyway) so if i understand it, property 1's bay window is right on the boundary of property 2 and is looking straight on to the garden of property 2? if i was in property 2 there'd be a fence/hedge going up pronto. but i could be completely misunderstanding so apologies if i am! and if i'm correct, then yea i'd walk away too.
Click to expand...
Just to expand on this a little, its not their actual garden as such, that's contained in the white space to the left of the green shaded area and has a fence dividing the two. The green bit is more of a side garden which would normally be public grass in my opinion.
 
JapeMincers said:
The green bit is more of a side garden which would normally be public grass in my opinion.
Click to expand...

Quartz said:
Make sure that this is indeed the case; don't assume anything.
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what quartz said.

the fact that the red boundary line is to the road suggests that whoever buys plot 2 will be free to move their fence right up to the road and your window should they choose to do so
if it were me, i'd ask the builders to sell half the land shaded in green. no sale, and i'd walk away.
 
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JapeMincers said:
Just to expand on this a little, its not their actual garden as such, that's contained in the white space to the left of the green shaded area and has a fence dividing the two. The green bit is more of a side garden which would normally be public grass in my opinion.
Click to expand...
so is it their garden or not though, have you confirmed this? that said, even if it's public land i'd still not want my bay window so close to it.
 
They aren't always worth much but we've a similar setup here where the neighbour needs to use [part of] our land to access their property and there a covenant thing to cover it.
 
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I'd be checking the regulations of unprotected areas and distances from boundaries. If as you've said in the op is correct and the boundary is right up against your bay window then that entire wall would need to be non combustible.
 
Is this a boat house or just a coincidence it's blue shaded and door opener symbol that looks like a sail boat?
 
Or similar to Rroff says you 1) make sure you have access in deeds and 2) you ensure deeds say that a fence etc cannot be erected on the red line
Many have this but the developer wont care once they have sold everything and moved on.

Our deeds had stuff like, cannot add or remove trees for 10 years, cannot add or remove any fences for 10 years etc
 
Mercenary Keyboard Warrior said:
Many have this but the developer wont care once they have sold everything and moved on.
Click to expand...
this. the law is expensive, though.

much better just to negotiate with the developer right now to own a portion of the grass in front of the window, can always just plant a few small shrubs to demarcate the boundary line, something like this:
EYIKUT5.png
 
I really appreciate all the advice so far guys, our sales consultant has said that they've referred it back to the developer to review.

One thing she has replied with is that the fence depicted in Tamzzy's illustration will actually be a solid brick wall, which goes right up to our boundary fence. So I don't think we're going to be able to have that nice gate, but purchasing some of the land may be an option still. Or, my preferred option, is make it communal so the management agent maintains it.
 
I don't think I'd offer to purchase that small bit of land, but I agree either make it nobodies so it's part of general upkeep and access isn't an issue for anyone, or split it like tammzy posted so you get a bit of it and it ensures you can always maintain your property from outside without access issues.

You could take the idea of splitting just the green section there with the 2nd property rather than moving the entire boundary wall.

Developer might see offer to purchase the land as a chance to make some more money, when it's otherwise sort of worthless land for them given the location and the two houses/presumably pavement next to it.
 
i would still buy the land tbh, regardless of what the developer says.
the rationale being that the plot of green is under property 2's deeds, so the developer can say anything they like about that patch being "communal" so they get your sale, but then when property 2's buyer comes round, they'll still show the green is their plot of land
better to save this potential future hassle by having part of that land as defintely yours
 
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