Garden not demised

[0hshutupshirley]

Can anyone tell me what this actually means? It's a freehold house. How can the garden be not demised? It's right at that top of our budget but other than that VERY odd detail it's perfect. It's a non starter isn't it?

What does it say in the listing?
The picture is coming out blurry for me. I’m not familiar with the term demised.

It's not mentioned at all in the listing. Just says 100ft garden. But then on the floor planned it says garden not demised.

It means excluded from the title. It may or may not be an issue in real terms depending on ownership/ access rights etc. I'd just call the agent and ask and check if the garage and summerhouse are built on land that is outside the title too.

I feel like this is contradictory - “It's not mentioned at all in the listing. Just says 100ft garden.”

It doesn’t sound great, so I’d call the estate agent.

If it's not part of the deeds, then you will never be able to build on it. It LOOKS like it would be accessible by you, but that you don't own it. As a other poster said, that then makes you wonder if you'd own the outbuildings or not. And who owns it? If it's a direct neighbour, will they be awkward about it, and make it constantly known they own it (don't do this to the grass, I saw you do that etc).

You'd be looking for a covenant in the deed that says you have permanent right of access (ie no one could take it away/build on it) and clarification on who maintains the garden and if anyone else has access. If a fence blows down, who pays to repair.

Bare in mind the estate agent will only know what the seller has told them so will give you the jist of what it means. The legal questions about the deed and what it means will need to be answered by your conveyancing solicitors.

Not a complete deal breaker to me but it does certainly complicate it, especially if owned by a neighbour. I'd get legal advice.

That’s a weird one isn’t it. If leasehold then makes sense but the freehold would include all the land within the freehold - I.e the house and garden. If the garden isn’t demised to the property then who owns it? First port of call would be estate agent but I’d have a very low tolerance for fluffy explanations. There is presumably no right of access to the garden either through the house if you brought it (obviously) but also not through any side gates or garages etc?

Thanks all. Yes it's pretty off putting. And I agree, contradictory. I've emailed the estate agent.

Be interesting to know what the explanation is. Why on earth in a freehold house not split up into flats would you have a random garden that doesn’t belong to the property! There must be a lawyer on MN who can make it make sense surely!?

While I appreciate that the agents needs to be involved, this is definitely the kind of thing where I would be paying for a copy of the Dee's and getting legal advice directly on that.

Good luck

Thanks. Yes if we decided to take it forward we'd definitely do that. I'm just interested in finding out if it's even worth our time viewing or a complete no go.

I think it's likely to be a mistake by whoever drew up the floor plans (usually employed by the estate agent). But of course check with land registry if they are unsure.