Problem With Property Sale Ad

[Notatmydesk]

I recently purchased a house. The person who had owned my property had recently completed building another property next to mine. The two properties are separated by a driveway which leads down the side if each house to a small parking area in the rear. I own 1 parking space and the other 2 belong to the neighbouring home.

Shortly after moving in, I was approached by the person who had previously owned my house but now only had the one next door. He told me that he is having some trouble getting the planning permission signed off for the new build because he hadn't realised at the time that one of the conditions was that he have a 6 foot fence built around my garden. He asked me if I was planning on having a fence built and I said probably one day but not any time soon and that I certainly didn't plan on having a 6 foot one built. He said he thought that it was unlikely that this would be checked and that he would just say it was all sorted.

Fast forward a few months and the new build has just gone on the market. I had a bit of a shock when I read the description of the rear of the property though. It basically reads 'agent note: the neighbouring property does have access to one parking space but does not currently possess a car' which is true but I thought it strange that it was mentioned. I don't want any potential buyers to think it is OK to use my space when they please. It then says 'the neighbours are about to erect a fence as per planning requirements' which is completely untrue. I did say I would likely put a fence up at some point but I didn't mention any specific timescale.

I'm now concerned that I'm going to be told I have to put a fence up, despite this not being anywhere in our legal documents from the purchase. I'm also worried they will try to enforce the 6 foot detail too. And I don't want the fact that my car space is currently empty to be advertised.

Am I worrying about nothing? Should I ask the agent to remove this bit? Or should I be preparing myself for something?

[efpom]

1- Write to advertiser highlighting the untrue and misleading statements in the ad & request removal of those.
2- Inform the planning authority that the planning requirement for a 6 foot fence has not been complied with.

[islandgirl]

Good advice. I would also be tempted to put a sign in my parking space (parking space belonging to (house name/number) so that when people view it is absolutely clear. I once had to write to estate agents / owners of a property who had added part of my land to particulars and they were changed.

[LeoStolen]

I sympathize with you, such problems make the sale of real estate even more difficult, especially if you work with BRRRR Model. I advise you to contact the developer and remove all the description that was not specified in the contract, and also ask them to stop writing your personal information that gives out your position. You can be sure that everything will be alright, because in the contract that you have signed, fance weren't stated, especially with a height of six meters. If all the conditions that you have announced are not met, then you can safely go to court for such reason and demand compensation in the amount established by law. I wish you good luck friend!

[dslippy]

If there is a planning requirement that a six foot fence be erected (check this out), then that obligation exists independent of the deeds. Check also on whom the obligation falls.
There seems little purpose in informing the LA that one has not been erected.
It makes sense to be clear just what your property and parking rights are, but do not allow any question that there might be a dispute about this.
The Agent faces severe penalties if he misdescribes the property. He needs to know the true position, and to correct as required.
Also check with your own solicitors - these would not be issues if he had told you what you needed to know when you bought.