Protected Strip Restrictions

[Booty]

We have reserved a plot for a house in the early stages of construction, but have only just found out from documents sent to us by our solicitor that the rear garden has a 6 metre sewer easement protected strip. This area is for the full width of the plot, from the back fence towards the house and is about 5/6ths of the garden.
The restriction prohibits planting trees or shrubs, with no altering of the ground level. No buildings, either permanent or temporary, are allowed. No concrete path or hard surfacing.
Effectively the area has to remain as an area of grass.
Has anyone else experience of such a restriction, and how was it resolved?

[Tony]

It is a shame they didn't tell you this before you reserved the property - was there no Home Information Pack available for the property.

The easiest resolution would to choose another plot. If that is not possible you should expect significant discounts/incentives as this will affect saleability.

I hope this helps

Tony

[Booty]

Thanks Tony

As we live 300 miles from the site, we now realise we have not been shown all the documents we should have seen before reserving the plot. We visited the site, and plot, three time before making a reservation, and no-one mentioned a sewer easement. This is the only plot on the site affected, and we wouldn't want to change it due to the house type.
We are waiting for what is now a very late explanation letter from the Sales Director.

Thanks for your comments which reflect our own opinion, and were most helpful.

Booty

[Booty]

With 113 viewings there is obviously some interest in this subject so I can update you so far.
We have eventually managed to talk to the Sales Director, who assured us we weren't being ignored on purpose!
They have been in negotiation with the Water Company to try and ease the restrictions, and had succeeded to some extent. The garden can be landscaped with plants etc, and a shed, decking or summer-house is allowed so long as they don't have a concrete foundation, and can be readily moved.
The sewer pipe is brand new, and not part of the old factory facilities that were there before the site was re-developed. The implication being that access to the pipe should not be necessary, but could be.
We are waiting to receive this information in writing, but it does appear that we have to buy the garden, but the Water Company virtually owns it!
:blink:

Booty

[peteboy]

That is your solicitors fault, they should have checked the documents.