My daughter has bought a new build flat and moved in 12 months ago. When she was doing the final walk around with the girls from the sales office a week before moving in she queried the garden area which has a wall with a metal railing fence on top of it - total 6 feet 7 inches in height and was told that it's common ground and the factor would look after it. She has since discovered that it is in fact her property, and the builders have confirmed this. She has asked that they make it accessible to her but so far they aren't being helpful, saying it was on the plans - the garden was but not the fence and it said nothing about the garden being raised about 3.5 feet above patio level. Is there anything legally that she has to have full access to all of her property?
She's in a ground floor flat that has a patio area and where the patio "meets the street" they have put a garden. That would be good except that they have made it a raised garden that is over 3 feet high, which in itself makes getting into the garden difficult and no other ground floor flat has a garden built up that high, and on top of the brick wall they have put a metal railing fence. Total height of the wall plus the fence is 6 feet 7 inches. The street is on a hill so her patio is below street level. I am trying to get in touch with my daughter to get her to email me a photo so that I can send it to you which might help to understand what they have done.
To get access to her garden she either has to somehow get over the wall and fence.
Her solicitor did everything by phone and mail and did not go over the deed or plan with her.
She's reluctant to go back to him because he was recommended by the girls who worked in the sales office for the builder and does a lot of work for them, and she isn't sure "where his loyalties lie". She also can't afford to go down the road of a huge battle.
Thank you very much. We'll get access to those 2 plans. We have the deed plans which do not indicate the garden being raised or having a fence in any of the gardens other than the boundary fences according to my husband who is a surveyor. In fact in the plan there is a gate in all gardens giving them access without having to walk through their flats but this has not been put in. Would the deed plan differ from the other 2 plans? If they have deviated from the plans is there anything she can do? What plans do they have to adhere to?
For some reason I can't attach a photo of the neighbour's garden or a copy of the deed plans she was given
Does he have a duty of care to her if the builder paid her legal fees as part of the deal they were doing at the time?