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MarianC, Solicitor
Category: Law
Satisfied Customers: 598
Experience:  Expert
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I live in a new build and have a side garden,I want to

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Hi I live in a new build and have a side garden,I want to extend my fence to include side garden ro my main garden but not sure on the rules, am I allowed to do this as I own the land
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Not yet
JA: Where is the land located?
Customer: Its in edwalton fields edwalron nottin built by bloor homes
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Good afternoon

I hope you are well.

Is your property freehold or leasehold? If leasehold, there may be restrictions against what you are able to do or you may need consent.

Sometimes with new build properties, there is a management company from whom you need to obtain consent from.

If it is freehold and there is no management company, you should be free to do as you please.

Kind regards

Customer: replied 8 days ago.
Thanks for the advice, there will be a management company to cut the community grass and sort out the park and such, is this the company I would contact? Also do the builders have to make a certain amount of green in thier agreement with the council? Thanks
that sounds like the people you will need to contact.
You may not need their permission but to be safe i would suggest you do.Can you clarify what you mean by the builders making a certain amount of green?
Customer: replied 8 days ago.
I know of other people who have brought a new build and have been told that any part of garden left outside of their fence is counted towards the communal green percentage that they have agreed.

Ah I see.

This will depend on the agreement made between the developer and the council, it usually differs from site to site so it would be difficult to advise you a percentage if there is one.

If your side garden is included within your title (so on your title plan the red edging includes the side garden) then you will likely be able to move your fence however I would suggest you correspond with the management company to ensure that it does form part of your property and if they are agreeable to you moving the fence.

Customer: replied 8 days ago.
Thanks for the information, yes the side garden is included in the title deed and is maintained by me, but will check with management company. Thank you

No problem at all.

I would be grateful if you could please rate my response so i am credited with assisting you.

Have a lovely day.

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