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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 18692
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I have bought a new build house, they also built a conservatory

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I have bought a new build house, they also built a conservatory for me, however they have built it so near the boundary fence which separates next doors and my garden, that I am unable to maintain or even clean the windows, Their head office have informed me that it is their policy to site conservatories central to the property and are not prepared to do anything about it. What steps should I now take.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.
Are your neighbours refusing access?
Customer: replied 1 year ago.
Neighbours are sympathetic but do not want the 7ft high fence moved which would mean their loosing ground.
Incidentally, had the builders kept the conservatory to the left of my property in line with the gable end it would then have given me enough space to get at the windows and guttering etc
Expert:  Stuart J replied 1 year ago.
Did you look at the property when it was being built and in particular the conservatory? Did this not appear or become apparent then? If it's so close to the boundary fence and you are unable to get down and clean the windows, how did they manage to build it? When was the fence put up? How long ago was the house built? How much would it cost to move the conservatory? Are you saying that there is a 7 foot fence right along the side of your conservatory? What is the gap between the conservatory and the fence? When was the fence put up and by whom. Can we have fine details please?

Please bear with me because I will be off-line until later this afternoon
Customer: replied 1 year ago.
The house was completed November last year, 2011. I did ask to meet with the architect on site to discuss the conservatory but 2 weeks after this request I had a telephone call from their offices saying the architect had been to have a look and yes I could have the conservatory and everything would be fine and there was no further need for me to attend the site.
I did try to visit the site but was refused entry each time because of heavy lorries.
When I had the final inspection, which is when the site manager showed me round the house and explained how everything worked and to hand over the keys, it was the first time that I had been allowed anywhere near the property.
At this stage I pointed out the problem with the conservatory which was too near the deviding fence. The neighbour had not yet moved in. The site manager said he would get that rectified, and I trusted him. He led me to believe that the fence needed moving. It turned out that the fence is where it should be, directly in the middle of the 2 properties However since my moving in, their head office had other ideas and no!, nothing could be done.
The fence was erected last by the builders and yes it runs from the house wall, right along the side of the conservatory ,to the bottom end of the garden, after both properties were completed including the conservatory. There is a gap of 10 inches between the window ledge of the conservatory and the fence which reduces to 8 inches because of the posts.
I am a 70 year old plus lady living on my own and am totaly unable to squeeze into such a small gap, even the young window cleaner would not try.
The conservatory cost me £12,500 I do not know how much it would cost to take down and rebuild.
There are houses still being built on this site, they hope to complete the site within the next5 months.

Thank you for your help
Mary
Expert:  Stuart J replied 1 year ago.

Thank you.

They have said that there is nothing that they can do. So you cannot beat a resolution from them with a stick. Clearly moving the fence is impossible because someone bought next door.

The remedy appears to be moving the conservatory. Is that what you want?

It seems to be the only solution.

If they simply refuse you are faced with getting a quote to move it sideways and sueing them for that cost.

When legal proceedings arrive on the doormat they may be more co-operative. I wouldnt be hanging around becuase it will be easier to get this done while they are on site. It isnta DiY job and I would see a solicitor and get get a letter off ASAP.

Can I help further?

L

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 18692
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Property Law Specialists are ready to help you

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