Author Topic: New plot boundaries and rear neighbour overhanging bushes  (Read 3556 times)

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Hi all,

Looking for some friendly advice, just bought a new 3 bed semi from Larkfleet Homes, overall pretty happy with one potential exception....

The development backs onto a pre existing estate built in the 70s/80s, so they had unincumbered views of fields until this new development. The existing estate all looks nice so but my plot backs onto a garden where the owner has some large bushes that have grown somewhat out of control. From what I can see (I don't have access to the plot yet as only just reserved) their bushes will almost certainly overhang onto my property.

I mentioned to the developers sales people and she assured me that they would tidy it all up before completion, I requested a fence to be erected but she then turned very negative towards that idea, she said the bushes were a 'natural barrier' best they would offer would some posts and wire to show the boundary.....

But there are gaps in the bushes which effectively means that my rear garden is open access to the rear neighbours or wildlife/dogs etc or equally my 10 year old daughter has access to their garden and vice versa (you'd have to crawl through bug it's possible)  I'm really concerned that if I don't push for a fence in line with side fencing (6ft) that when I move in it then falls on me to fix which might lead to boundary disputes, overhanging bush issues and a potentially fractious relationship with rear neighbours from day one who as I've said have lived blissfully as they like for 30 years....

Why are the developers so reticent to erect a fence that would cost a couple of hundred quid to them? (They've done very well out of the sale by the way) do I raise concerns with my solicitors re boundary disputes, safety issues or continue to push back on developers initially?

I really don't want my garden to have effectively open rear access so I need to sort before I exchange

Thanks, any advice very welcomed

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Re: New plot boundaries and rear neighbour overhanging bushes
« Reply #1 on: June 26, 2017, 06:31:28 am »
Please take this as a very big warning.
There is clearly an issue with this boundary. All the builder can do is trim the bushes back and erect a fence within your property, with you thereby giving up some of your land in the process.
I also suspect the owner of the neighbouring property is being awkward, as I suspect they have been against the development from day one.

Do not Exchange Contracts on this property until the builder gives you a written declaration they will erect full boundary fencing (I suggest close board fencing).
Talk to this neighbour and see what history there is.
Do not believe anything the builder or their sales tell you and record all conversations.

I have very bad feelings about this.
Even if the builder agrees to fencing, they have demonstrated a complete indifference towards you.
In your shoes I would cancel the reservation and demand the return of the fee.
If it is not forthcoming, claim it using the Consumer Code for Home Builders.
New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.


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Re: New plot boundaries and rear neighbour overhanging bushes
« Reply #2 on: June 29, 2017, 03:23:36 pm »
OK that's a bit scary, but I do appreciate the response thank you.

There are about 8-10 houses backing onto a pre existing estate who will be in the same boat (albeit not all facing overgrown stuff)  so I'm not alone.

I'll definitely be pushing for fencing or written confirmation prior to exchange. Thanks