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    • Lady Lisa81
    • By Lady Lisa81 16th Jul 17, 9:52 PM
    • 3Posts
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    Lady Lisa81
    Shropshire Homes cheat me out of my land
    • #1
    • 16th Jul 17, 9:52 PM
    Shropshire Homes cheat me out of my land 16th Jul 17 at 9:52 PM
    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
Page 1
    • ACG
    • By ACG 16th Jul 17, 9:55 PM
    • 15,781 Posts
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    ACG
    • #2
    • 16th Jul 17, 9:55 PM
    • #2
    • 16th Jul 17, 9:55 PM
    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
    • By G_M 16th Jul 17, 10:03 PM
    • 41,937 Posts
    • 48,546 Thanks
    G_M
    • #3
    • 16th Jul 17, 10:03 PM
    • #3
    • 16th Jul 17, 10:03 PM
    .... 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,
    Originally posted by Lady Lisa81
    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
    • By davidmcn 16th Jul 17, 10:08 PM
    • 6,111 Posts
    • 5,854 Thanks
    davidmcn
    • #4
    • 16th Jul 17, 10:08 PM
    • #4
    • 16th Jul 17, 10:08 PM
    Iv lost thousands already in legal fees...
    Please someone give me some advice out of this mess
    Originally posted by Lady Lisa81
    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
    • By getmore4less 17th Jul 17, 6:37 AM
    • 30,291 Posts
    • 18,116 Thanks
    getmore4less
    • #5
    • 17th Jul 17, 6:37 AM
    • #5
    • 17th Jul 17, 6:37 AM
    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
    Originally posted by Lady Lisa81

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

    (did you use a developr recomended solicitor?)
    • moneyistooshorttomention
    • By moneyistooshorttomention 17th Jul 17, 6:53 AM
    • 13,959 Posts
    • 37,931 Thanks
    moneyistooshorttomention
    • #6
    • 17th Jul 17, 6:53 AM
    • #6
    • 17th Jul 17, 6:53 AM
    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?
    #MeToo

    Why should our needs override the needs of all other living species? What makes us so special? (Brigit Strawbridge)
    • marliepanda
    • By marliepanda 17th Jul 17, 7:38 AM
    • 4,780 Posts
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    marliepanda
    • #7
    • 17th Jul 17, 7:38 AM
    • #7
    • 17th Jul 17, 7:38 AM
    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?
    Originally posted by moneyistooshorttomention
    Four years isn't long enough for an adverse possession claim. He bought the house in 2013.
    Survey Earnings 2017 - £163
    • moneyistooshorttomention
    • By moneyistooshorttomention 17th Jul 17, 7:41 AM
    • 13,959 Posts
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    moneyistooshorttomention
    • #8
    • 17th Jul 17, 7:41 AM
    • #8
    • 17th Jul 17, 7:41 AM
    Four years isn't long enough for an adverse possession claim. He bought the house in 2013.
    Originally posted by marliepanda
    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.
    #MeToo

    Why should our needs override the needs of all other living species? What makes us so special? (Brigit Strawbridge)
    • marliepanda
    • By marliepanda 17th Jul 17, 7:49 AM
    • 4,780 Posts
    • 9,633 Thanks
    marliepanda
    • #9
    • 17th Jul 17, 7:49 AM
    • #9
    • 17th Jul 17, 7:49 AM
    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.
    Originally posted by moneyistooshorttomention
    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...)
    Survey Earnings 2017 - £163
    • moneyistooshorttomention
    • By moneyistooshorttomention 17th Jul 17, 8:05 AM
    • 13,959 Posts
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    moneyistooshorttomention
    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...
    #MeToo

    Why should our needs override the needs of all other living species? What makes us so special? (Brigit Strawbridge)
    • GrumpyDil
    • By GrumpyDil 17th Jul 17, 8:24 AM
    • 104 Posts
    • 58 Thanks
    GrumpyDil
    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.
    Last edited by GrumpyDil; 17-07-2017 at 8:28 AM.
    • Lady Lisa81
    • By Lady Lisa81 17th Jul 17, 8:48 AM
    • 3 Posts
    • 0 Thanks
    Lady Lisa81
    Thank you for your reply, my solicitor has now told me after 3 months of messing around 'they don't know what to do' so I have reported them to SRA for unprofessionalism. I have chased legal teams directly with both freeholders and management companies, after asking for upfront legal fees, I have now been told it is impossible to assign back to me.
    • aneary
    • By aneary 17th Jul 17, 8:54 AM
    • 746 Posts
    • 624 Thanks
    aneary
    You might have a negligence claim with the original solicitor who you instructed when you brought the property originally.

    Did you not see the plot plans prior to exchange?
    • Lady Lisa81
    • By Lady Lisa81 17th Jul 17, 8:55 AM
    • 3 Posts
    • 0 Thanks
    Lady Lisa81
    Thank you for your reply, I did in fact use the developer recommended solicitor, that now looks like the mistake has been made with both mine and my neighbours garden, it appears she does not own hers either.... and surprise same legal firm and solicitor.
    • aneary
    • By aneary 17th Jul 17, 8:56 AM
    • 746 Posts
    • 624 Thanks
    aneary
    What about others in the development, if any of them own their garden and the houses are the same size and brought at the same size for the same value you might have some leverage.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jul 17, 9:23 AM
    • 2,031 Posts
    • 3,061 Thanks
    ScorpiondeRooftrouser
    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...
    Originally posted by moneyistooshorttomention
    Jesus Christ. Please stop it. You have no idea how anything works. None at all. You have been told what adverse possession is but you persist in carrying on like it is just a matter of shouting the loudest.

    How is it THEIR land if they never legally bought it? Because it said in the sales pitch there was a garden? Give it a rest, please. You contribute nothing of value, ever.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jul 17, 9:36 AM
    • 2,031 Posts
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    ScorpiondeRooftrouser
    What about others in the development, if any of them own their garden and the houses are the same size and brought at the same size for the same value you might have some leverage.
    Originally posted by aneary
    I don't really see how. They went through a detailed legal transaction and agreed to buy what they were sold. What other people bought is immaterial.

    It seems clear that the original developer intended to sell them the garden; that is not in dispute. The stumbling point appears to be that the original developers have sold the land on and the new owners are saying that the legal costs and hassle of varying every lease on the estate (I am not exactly sure why this would be necessary, but they claim it is) is not something that they intend to pay for. Which is fair enough as it wasn't their mistake.

    The new owners can't be forced to give them the land. They may be willing to if the OP pays all their legal costs.

    Ultimately I can only imagine that the OP trusted the solicitor and didn't check that the land they were buying included the garden. I don't think that it's the solicitor's job to point this out, so I am not sure they have been negligent. They may well have sent the plans to the OP and said "is this what you think you are buying?" and got back a "yes". And that just leaves the burden on the OP, unfortunately.
    Last edited by ScorpiondeRooftrouser; 17-07-2017 at 9:39 AM.
    • The_Logans
    • By The_Logans 17th Jul 17, 9:51 AM
    • 235 Posts
    • 181 Thanks
    The_Logans
    Don't you get a copy of the deeds with the boundary marked showing where your property starts and ends? We've gone through house purchases 4 times now and we've always been sent a copy of the deeds with a plan showing the property boundary that we have to sign and return to show agreement. Is this not always the case?
    • Ozzuk
    • By Ozzuk 17th Jul 17, 10:25 AM
    • 1,151 Posts
    • 1,686 Thanks
    Ozzuk
    Do you have legal cover on your insurance? They may take this on for you, I had to once take action against a solicitor who didn't notice a land issue - I believe the legal bill was massive (tens of thousands) but the legal cover dealt with it all.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jul 17, 11:27 AM
    • 2,031 Posts
    • 3,061 Thanks
    ScorpiondeRooftrouser
    Do you have legal cover on your insurance? They may take this on for you, I had to once take action against a solicitor who didn't notice a land issue - I believe the legal bill was massive (tens of thousands) but the legal cover dealt with it all.
    Originally posted by Ozzuk
    They would have to establish the solicitor has a case to answer first. If the solicitor has sent them the plans and they have agreed that's what they are buying, the solicitor has not done anything wrong. It's not down to the solicitor to point out that there's no garden.
    Last edited by ScorpiondeRooftrouser; 17-07-2017 at 11:33 AM.
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