New Build Boundary Query

[JapeMincers]

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.

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.

 

[JapeMincers]

There we go, I've embedded into the first post with the bay window circled in blue.

 

[JapeMincers]

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.

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]

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.