Buying Apartment - Garden Issue

[daz]

Hi,

First time poster long time reader here.

I am about to sign a contract to purchase an apartment. I have the deposit cheque ready to go however I have one major issue with the contract. When I went viewing the apartments there were 3 left. The auctioneer advised to go with a corner unit as he pointed out the garden would be larger. As I am the corner unit there is a side enterance around to the garden. Above me there is one duplex. To my left there is a mirror of the apartment and duplex scenario. The actunieer asured that this is my personal garden which will be fensed off for me. However when going through the contract with my solicitor we noticed that there was no mention of any garden. When my solicitor approched the builders solicitors they denied that there was a garden for sale with the apartment. I went back to the actioneer who again told me that it's my personal garden and would be fensed off.

Am I making a mountain out a molehill here in that the garden has no mention in the contract or should I refuse to sign till the contract is amended? Is it normal for apartments with gardens not to have any legal mention of the garden within the contract? Also if the garden is not mine then is it an 'open space' which I have no control over? I reckon this could be a problem if I ever try to resell.

Thanks.

 

[nai]

I would push as hard as you can to get it included in the contract otherwise it will be deemed as open space which as you rightly say you will have no control over. a garden of any type would be a fantastic selling point in an apartment complex.

 

[daz]

Hi Nai,

My apartment neighbour to my left has another neighbour to his left which means his garden is not accessible to anybody but him. There is no access point from the duplex above to any of the lower gardens. It's just for my apartment and the first apartment that there would be possible common access (from a side entrace in my case). If all the gardens are deemed as open space does this mean that each neighbour should have access to each garden? I am currently thinking if the gardens are open space that each apartment would have access to our own garden but would not own it? If this is the case will the developers control what is placed and what goes on in each garden?