New Build Boundary Query

HungryHippos said:
when it's otherwise sort of worthless land for them given the location and the two houses/presumably pavement next to it.
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it's not worthless though. it belongs to property 2. hence why the red line and the "T" is within property 2
despite the plot of green currently being outside the brick fencing, there's nothing to say that the future property 2's owners won't tear down the current brick fencing and re-lay the fencing right up to the property line in the future
 
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My point was I think this should just be in the boundary for plot 1 anyway, not an optional purchase.

Developer should be including it in the sale, plot 2 doesn't need it, so split that bit between 1 and 2 and call it a day.
 
if they exist, do planned covenants already say what the responsibilities of 2 are ? there's no drain access there too ?

neighbour opposite has a 25m2 piece of land in our culdesac on other side of road planted w/chippings ... they joke you could build a garden shed on it but suspect covenant would preclude it,
(can't see it directly from our windows, but could devalue road if they did something significant .. even parked a caravan there say)
 
personally i would want that piece of land included in the sale , (even if cost a bit more) otherwise whats to stop someone parking a car there or even dumping a car on there as a long time project. would not want to risk looking out on that all the time.
funnily enough recently looked at a bungalow with a similar set up except the grass belonged to it , ok you have to cut it but no hardship. that had a covenant that stated no planting other than grass and no fence.
 
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.
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All you need is confirmation that is public grass, and that would make sense.

Just need to make sure that is what's written in the deeds
 
It's not public grass though. It belongs to property 2 - as I said, that's why it's bordered in red and has the "T" within property 2.

As such they can do whatever they like after the developers sell to the new owners.
You'd hope that there would be a permanent restrictive covenant that does not allow building on that piece of grass and that would allow right of way to property 1. However it may not stop the owners doing what they want to that land up to and including moving the fence to permanently fence off that area and include it into their garden.

Even if there's a permanent restrictive covenant, property 2's owners may flaunt it, and the legal route is likely to be expensive, drawn out and stressful. And by the end (the proverbial) "you" might no longer want to live there...
Just save the hassle and buy a part of the land.
Not every neighbour is nice. Some are definite douche bags. You have to plan for the worst case.
 
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