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Shropshire Homes cheat me out of my land

Hi guys,
I need help I'm in complete turmoil... I'm brief I bought my property off plan direct from Shropshire Homes sales office back in April 2013, I was sold my property clearly stating including 'private garden' on all plans and sales literature, now upon trying to sell my property, it has emerged the land was not declared on the lease and to land registry - therefore is aparantly communal land, although I have fence around and a back door leading onto! Shropshire Homes have sold the land to E&J Estates, although they are stating my deed cannot be varied without everyone else's lease being changed on the estate. I have lost my buyers, I now have a property I cannot sell and is not worth what I paid, Iv lost thousands already in legal fees. I'm hitting brick walls every which way being a minion against a huge developer.
Please someone give me some advice out of this mess :(:(:cry:cry::cry::sad::sad::sad:
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  • ACG
    ACG Posts: 23,677
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    Have you called your conveyancers?
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • G_M
    G_M Posts: 51,977
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    .... I bought my property off plan direct from Shropshire Homes sales office back in April 2013, I was sold my property clearly stating including 'private garden' on all plans and sales literature,
    Never mind the sales literature, what did the contract say?

    If the garden was included in the contract, then you sue Shropshire Homes for all your financial losses.
  • davidmcn
    davidmcn Posts: 23,596
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    Iv lost thousands already in legal fees...
    Please someone give me some advice out of this mess
    Surely some of those legal fees have gone towards giving you advice? There's not much point in any of us trying to start from scratch if you don't tell us what advice you've already been given and what brick walls you've hit.
  • getmore4less
    getmore4less Posts: 46,882
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    Hi guys,
    I need help I'm in complete turmoil... I'm brief I bought my property off plan direct from Shropshire Homes sales office back in April 2013, I was sold my property clearly stating including 'private garden' on all plans and sales literature, now upon trying to sell my property, it has emerged the land was not declared on the lease and to land registry - therefore is aparantly communal land, although I have fence around and a back door leading onto! Shropshire Homes have sold the land to E&J Estates, although they are stating my deed cannot be varied without everyone else's lease being changed on the estate. I have lost my buyers, I now have a property I cannot sell and is not worth what I paid, Iv lost thousands already in legal fees. I'm hitting brick walls every which way being a minion against a huge developer.
    Please someone give me some advice out of this mess :(:(:cry:cry::cry::sad::sad::sad:


    Did you make your solicitor aware of this land when you were buying.

    (did you use a developr recomended solicitor?)
  • As you were quite clearly told by the developer that it was your garden when you bought the property - then, for once, I'd go along the "adverse possession" route in your position.

    I don't agree with "adverse possession" normally - as it normally means trying to nick someone else's land. However, in this case = it is your land - as they told you it was your garden and sold the house to you on that basis.

    So - put like that (ie that it is yours in effect) then I think you are quite entitled to make the legal position match the de facto position and put in to the Land Registry for "adverse possession" of it. You have already got a fence around it. How long have you had that fence around it?
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    As you were quite clearly told by the developer that it was your garden when you bought the property - then, for once, I'd go along the "adverse possession" route in your position.

    I don't agree with "adverse possession" normally - as it normally means trying to nick someone else's land. However, in this case = it is your land - as they told you it was your garden and sold the house to you on that basis.

    So - put like that (ie that it is yours in effect) then I think you are quite entitled to make the legal position match the de facto position and put in to the Land Registry for "adverse possession" of it. You have already got a fence around it. How long have you had that fence around it?

    Four years isn't long enough for an adverse possession claim. He bought the house in 2013.
  • Four years isn't long enough for an adverse possession claim. He bought the house in 2013.

    In that case - I'm guessing OP's worst case analysis is having to wait another 8 years before they are able to sell the "house (and garden) they bought", as opposed to the one "they actually own" iyswim.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    In that case - I'm guessing OP's worst case analysis is having to wait another 8 years before they are able to sell the "house (and garden) they bought", as opposed to the one "they actually own" iyswim.

    It's likely going to be more complicated than that as according to the OP the land has been sold to someone else and they are saying no. His twelve unchallenged years have been reset as he's brought it up.

    It's a very wonky situation and I'm sure someone could sort it, but he needs lawyers (who he's already spoken to and got nowhere...)
  • I guess you mean that it looks as if OP has gone to Shropshire Homes saying "Why are you saying I don't own my own garden?" - rather than telling them/their successor "It's MY land - of course it's my land"?

    That thing about a would-be "adverse possessor" or, in this case, someone looking to follow that route for very different reasons having to look the real owner straight in the eye and say confidently "It's MY land. Of course it's MY land" iyswim - even if it wasn't actually really theirs in the first place (which, obviously, it looks as if it is in OP's case - but just not legally so). ???

    First thing in the morning - and I've not finished my first cup of coffee of the day yet - so hope that's coming over clearly...
  • GrumpyDil
    GrumpyDil Posts: 1,597
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    edited 17 July 2017 at 7:28AM
    Adverse possession isn't helpful here. OP you need to check your paperwork from your original purchase and see if the land in question was mentioned/included in the contract. You then need to go back to your conveyancer and discuss this with them.

    The problem here is that without knowing exactly what the paperwork relating to the purchase stated no one here can really give you accurate advice.

    And to add, if you have spent thousands on legal fees is that a slight exaggeration and you mean the fees spent on trying to sell your house. Or do you mean you have already taken legal advice on the land issue in which case I'm not sure what anyone on a forum without any access to your paperwork can add that a professional with access to the papers would not already have discussed.
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