Builder dispute over our boundary in wrong place

Atomix

Suggestion, re-submit the boundary plans / planning permission to allow the house to remain in its current position...?

FMrobbo

Many thanks for everybody's advice. Some good points about not replying to his solicitor direct, and about the wording used, I am feeling a bit more confident now that we aren't completely in the wrong!
With relation to the trespassing issue the fence was erected when it was still our land, so no problems there.
And atomix - I would agree but this is not down to us now.
Thanks again guys, we will continue the search for a solicitor.

Atomix

He is still after all your neighbour / was happy to lose the 1.5 metres anyway as he started building where he is.... I'd go for that to be honest, I am very interested to know the outcome of this, please do keep us posted - good luck with it - sounds like it's his costly mistake needing a level headed compromise (my suggestion) -

G_M

Doozergirl wrote: »

The OP owned all of the land before the builder bought it. They wouldn't be trespassing by erecting a fence on their own land, if they did it before they completed.

Then it would just be a fence.

Ah. I'd read it as OP sold the land and then erected the fence (ie went onto the sold land).

If the fence was erected before the land was sold, then I withdraw all my previous posts!

HouseBuyer77

With relation to the trespassing issue the fence was erected when it was still our land, so no problems there.

Unless during the sale you confirmed in writing that that fence was exactly on the boundary line I doubt they have a leg to stand on. Even then if the plans they were working towards measured from your house and not your boundary they should have measured exactly that when doing the foundations.

Might be worth joining which legal. It's £88 for year and gives you unlimited free legal advice. As this sounds pretty straightforward (i.e. no way in hell they're going to get any money from you) it'd be a cheap way to chat to a solicitor, get a professional to confirm there's no possible claim here and maybe write you a letter to send to them.

FMrobbo

Quick update. Good advice on the which legal, I joined but unfortunately they can't advise on that issue. I have however just noticed on the original plans from our architect it does show the boundary line where he has written 'new cb fence 1.8metres high' would this mean we could be to blame somehow?
Also the letter from his solicitor writes 'my client reserves all its rights in relation to the costs it has incurred to date...'
We are still looking into a solicitor but want to make sure they are good - had bad experiences in past! Has anyone had dealings with Hine solicitors? They have a local branch in my town, Swindon, but also have many across the country.

nidO

FMrobbo wrote: »

'new cb fence 1.8metres high' would this mean we could be to blame somehow?

You could always put a new fence up on the boundary now. "this fence? this is the boundary fence as shown on the plans. That one you incorrectly used as a starting point for the house? That's your fence on your land, what you do with it is your business.