Author Topic: Extra land on boundary lines outside of fencing???  (Read 2969 times)

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Extra land on boundary lines outside of fencing???
« on: February 09, 2020, 05:00:26 pm »
My boyfriend and I are currently in the process of buying a new build which has yet to be finished. We are first time buyers so everything is completely new to us.

We have been under the impression that our garden is relatively small and goes back straight from the house with a small alleyway down the side for bins etc.

Now today we went to view the plans and it seems as though we also own the land to the side of our house which is about 2.5m wide down the whole side of the garden and house. That land is almost a buffer on their plans between our house and a pathway which runs along the side of our house.

I queried this and asked why our garden is fenced in the plans so small when when we actually have a considerable amount of extra space to the side and we were told we might not be able to do anything with that land even though it fall within our boundary lines and to speak to our solicitor which I plan to do this week.

I was just wondering if this is something anyone else has had or common, because surely of we own that land, our garden should be able to extend out to it? Or have the fence built out to the right dimensions before we move in?

Any advice would be much appreciated!
Thanks x

Repton buyer

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Re: Extra land on boundary lines outside of fencing???
« Reply #1 on: February 10, 2020, 09:31:17 am »
This is fairly common in new build estates and is frequently called "Amenity land" in planning.

Although it falls on your property, you will likely find that it is either planted with certain bushes / trees or grassed and somewhere in the covenants on the TP1 you will be unable to fence it, change the design or remove any plants.

It is a method of making the estate aesthetically nice while passing ongoing costs and responsiblity to the homeowners.

Being a new estate, check with the builder whether this strip falls under the remit of an estate management company. If so, be aware that this company will not only charge you uncapped and unregulated fees for maintaining it, but will also have full rights of access to your property and the right to evict you and put a lease on your freehold (if applicable) should you not pay.

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Re: Extra land on boundary lines outside of fencing???
« Reply #2 on: February 10, 2020, 02:02:55 pm »
Speak to your solicitor.
I would expect another reason it is not fenced in is because it provides extra visibility for road users perhaps to see anyone coming down the path, or pulling out of their drives.
Without seeing the plan I cannot comment further.

If you don't like it, don't buy it.

As Repton says, be careful and if you are using the solicitor the housebuilder recommended or suggested perhaps get everything he says IN WRITING>
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