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Strip of land with new build not ours

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Comments

  • Mickygg
    Mickygg Posts: 1,737 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    No compensation?? Haha no way. Their mistake of which you will need to deal with solicitors and sign paperwork.
    I would defo say you pay all my legal costs, fix the window and give me £500 goodwill.
    You have had troubles with the house and now you have something they want due to their mistake. Goodwill payment is defo in order and don't agree to it until they offer you something you are happy with.
    I had a new build and had horrendous problems. I would have loved this scenario because believe me they would be paying me for that land back.
  • Land_Registry
    Land_Registry Posts: 5,776 Organisation Representative
    First Anniversary Name Dropper First Post
    Just to emphasise, as some have already done, That if the land was transferred to you then the error is in that conveyancing and not the registration.

    And the clock can't just be turned back by amending a plan or plans. Once registered in that way you are looking at a new transfer back in effect of that parcel of land. Not exactly the same as when you bought but the registration requirements woukd be the same, namely a legal deed (Transfer of part). If you are mortgaged then your lender's consent is most likely needed.
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  • jimbog
    jimbog Posts: 2,113 Forumite
    First Anniversary Name Dropper First Post
    edited 5 August 2017 at 8:48AM
    Whatever reason they might give you for wanting it back I would take with a pinch of salt.

    I would also quote the Land Registry Rep's comments and say that it is just too much hassle.

    If they came up with a proposal I would just tell them that you would 'consider their offer' and then do precisely nothing.
    Gather ye rosebuds while ye may
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    edited 5 August 2017 at 9:53AM
    MrsM71 wrote: »
    If we exercise our right to push our garden out to our boundary (or indeed the next buyer of the property does so) I'm assuming that the builder could have potential problems with the Local Authority & our neighbour.

    You may not have that right. It depends how the land is designated. It obviously isn't garden land.

    If it were me, I'd visit the neighbour on the other side and ask what their understanding of the matter is......but it isn't me!
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Name Dropper First Anniversary First Post I've helped Parliament
    MrsM71 wrote: »
    We moved into a new build home this time last year.

    It has been a very stressful year as we seem to have bought the house of horrors with problem after problem materialising & the builders response being less than satisfactory - however "touch wood" the last few months have been relatively problem free & the builders response to any issues has hugely improved


    I have this afternoon received a phone call from the sales manager advising that there is a "problem with the plans".

    Surprise they start being cooperative about your issues then up pops one of theirs that needs you to cooperate.

    I see you suspect it is a protective strip, I would be looking at the title deeds of the land they are using(before it got split to plots) and the planning application.

    IS it just your garden or has it happened on both sides of you as well.

    is it land locked or is there access from more public areas.



    If it is just a protective strip then the issue becomes maintenance
    Be sure the builders if they get it back will just walk away.
    At least if you own it you can take a brush cutter to the weeds every now and then or encourage those brambles for food.
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Combo Breaker First Post First Anniversary
    I think I would do nothing whatsoever. I'd even disagree with Dave on this one, and for once would not raise the matter with the neighbours.

    Since the approach was by phone, it may well have been in the hope you'd just say you'd sign whatever, whenever... If they do require the land back, they will formally write. Or, you may never hear again, in which case the least said to anyone the better.

    That's assuming you want to keep the land under your control (and have the responsibility that goes with it). I would, as I like land. You may prefer to offload it, but you can't then really complain if a play area/walkway/wildlife wilderness is put there.

    I would stay silent. If they call again, I would ask they write, clearly expressing their request.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    DaftyDuck wrote: »
    I think I would do nothing whatsoever. I'd even disagree with Dave on this one, and for once would not raise the matter with the neighbours.
    You know, I might even agree with you there......

    It's just that I'm so damn nosy; the suspense of not knowing anything would kill me! :rotfl:
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    I would want to know exactly what the neighbour understood the "real position" to be.

    No reason not to find out - as relations seem to be perfectly cordial between them.

    Followed by waiting for the request from the builder to be followed-up officially in writing - to see what that letter had to "say for itself".
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    moneyistooshorttomention wrote: »
    I would want to know exactly what the neighbour understood the "real position" to be.
    But it might be more informative to check out the planning application for the development on the council's planning site.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    Davesnave wrote: »
    But it might be more informative to check out the planning application for the development on the council's planning site.

    That as well, ie dual enquiries:

    - neighbour
    - planning application

    and the two together will, hopefully, give the "real" position.
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