Boundary Wall on infill site - cheekly hanging onto rear garden?

alejandro1977

I'm considering bidding on a house which was built in the garden of the adjacent existing home. (They had a garage / large garden and built the second house as a rental property about 10 years ago - the existing house is 30 years old)

Anyway, the back garden is small and even more so because the wall in the back is not equidistant between the 2 houses but goes diagonally so that they could retain more of their back garden.

Obviously that's their right even if it's a little cheeky, however, the planning maps indicate a straight division of the existing back garden. The actual measurement of the garden width is given in mm though I haven't checked it yet.

Would it be realistic to demand the wall be straightened or is it a case of take it or leave it?

I understand the original house is still in the original family though I'm not yet sure if the vendor is the same

(the interior of the house is also slightly different - with an ensuite and associated window...)

thanks

Apiarist

alejandro1977 wrote: »

Obviously that's their right even if it's a little cheeky, however, the planning maps indicate a straight division of the existing back garden. The actual measurement of the garden width is given in mm though I haven't checked it yet.

[Disclaimer: I am not a lawyer] As far as I understand, the planning map is an approximation which does not give the exact boundary location. The boundary is what you agree on when buying the property. However, if you have the actual measurements of the garden down to a millimeter as you say, you may have a case

alejandro1977

victor8600 wrote: »

[Disclaimer: I am not a lawyer] As far as I understand, the planning map is an approximation which does not give the exact boundary location. The boundary is what you agree on when buying the property. However, if you have the actual measurements of the garden down to a millimeter as you say, you may have a case

thanks; that's my general feeling

yeah, there's a similar thread - but it refers to a new development and the wall is straight - but at a different angle to that indicated on the PP


I notice you can build an extension without permission, but only within in the provisio that the back garden is not completely taken up.

any extension does not reduce the area of private open
space, reserved for the occupants of the house, to less
than 25 square metres.

Glass fused light

You can always ask.
The important thing is that the land you end up buying is agreed as per the folio, and that this is marked off and agreed by the legal owners of the surrounding land. Plus agree who owns the walls.

If not you need to set aside a "war chest" for the legal costs as you battle your next door neighbour for land that is likely worth less than the court costs, and buy in the hope that they are not nutters when it comes to feuding.

The planning is separate in that if the property was not built to the plans you inherit the obligation to revert to planning if you apply for subsequent planning. It's over 7 years so the council should not have enforcement powers

Metric Tensor

If the folio you buy does not contain the entire site shown on the planning application you are in a world of trouble because you don't control the land on which your planning permission depends.

You need to get an engineer to ensure that the planning site is entirely contained in what you buy. If you are getting a mortgage the bank will need this anyway.

On the up side if there is a discrepancy you are well armed to demand the vendors sell you the entire site to which the planning applies. However, they can tell you to F off - but all other buyers should be doing the same thing.