New build boundary issues

VXR8

Hi All.

We are in the process of buying a new home from a well talked about builder that has been on TV of late largely for poor workmanship. We are almost at contract exchange and now it appears to be going wrong.

When we originaly made inquiries we were told our detached home would have access to its left via a gateway at the end. However, it appears the builders made an error and assumed the access was to the right side of the property via a 'shared' pathway.

We noticed this error when we made a routine drive by and saw two gates at the end of the right side (one to our garden and one to the neighbors on the right side).

We questioned this with the sales rep for the builder and she assured us all was well and we were wrong and would confirm as much, telling us the neighbors had voiced the same concerns. However, despite me emailing and calling her it took 2 weeks before she admitted the plans hadn't been followed, but work was underway to rectify their mistake.

All seemed well, until she casually dropped in to the conversation new plans had been submitted to our solicitor changing our left side access (the side the plans show as our land and access) to 'shared' so the other neighbor could access their elec and gas meters!

So, now it appears we don't have a shared access to our rear garden on one side, but we do have to share the other side because the builder put the other neighbor's meters facing our access!

So far I have asked our solicitor (who is also the builders solicitor as they paid a contribution towards our legal fees) to clarify this 'shared access for meters' and where to go from here, but am still awaiting a response.

My fear is the neighbor to our left who has meters facing our access could interpret 'shared' as "I may as well put my bins there," and we could do nothing about it. Furthermore we can't move our rear gate to the begging of the access path due to their meters.

Should we tell the builders we don't agree to this 'shared access' especially if it means the neighbor can do as they like?

Or are we at risk of creating the proverbial storm over what is common place with new builds?

I get the feeling the builders sales rep just wants us to exchange contracts as soon as possible and they assume we should be okay with all this.

Thanks in advance.

lisa110rry

If the original plan has not been followed, surely the builders are in breach of contract? Personally, I would be horrified and would do everything I could to get the builders to rectify the situation in accordance with the original Plan, which presumably will be included in the Land Registration.

VXR8

My fear is the builder thinks that by swapping the 'shared access' from one side to the other they have now effectively 'rectified' the situation.

We asked to view the property as it is now, boundary fences and all, but it turns out the site manager is in meetings all day and the sales rep isn't answering the phone now!

I get the feeling they know they've dropped the ball and no one wants to sort it out.

charliewocka

I didn't think you could have the same conveyancor/solicitor acting for both parties due to conflict of interest. Is your solicitor on your mortgage lenders approved panel (if you are getting a mortgage?).

VXR8

As it's a new build the mortgage company were recommended by the builder and the solicitor too.

That way we pay no fees to mortgage company and less for conveyancing.

Addiscomber

Sorry to have to say it, but the extra for your own independent solicitor would have been worth it in your current situation.

Have you actually signed the contract yet? If so, I would send instructions, written on paper, by recorded or even registered mail, that contracts are not to be exchanged until you provide them with further written permission to do so. If you have not signed yet, then do not sign. Use this stalling to get the builder to alter the property back to what you thought you were buying.

davidmcn

VXR8 wrote: »

As it's a new build the mortgage company were recommended by the builder and the solicitor too.

That way we pay no fees to mortgage company and less for conveyancing.

Ok, but they are still your solicitors and should only be representing your interests, even if you were pointed towards them by the builder (and even if the builders are contributing to your costs).

densol_2

davidmcn wrote: »

Ok, but they are still your solicitors and should only be representing your interests, even if you were pointed towards them by the builder (and even if the builders are contributing to your costs).

This is correct - you are their client and they owe a fiduciary duty to YOU.

As said above - immediate instructions that NO exchange takes place until this situation is rectified.

VXR8

So far the solicitors haven't done anything wrong, but I have told them I'm unwilling to exchange until this is sorted and await their reply. In truth they have only just been informed of this occurrence (by myself) so hopefully they will continue to act for me as they are legally bound to do.

I'm not sure what the builders had in mind for access. The plans show our access to the left, but make no mention of the neighboring properties meters or me allowing them access (which I'm told is now 'shared access')

I suspect the builders have realised their mistake, but rather than move the meters simply assumed I will cooperate.

jamei305

If it is simply a case of moving the meters than insist that's what they do. I am sure the neighbour wouldn't want to have potential access problems to their meters either.

I've had a shared access passageway in a terrace house before and it was an annoyance. I owned the freehold but the neighbours had a right of access along the passage. Just before exchange I noticed the neighbours storing their bins in the passageway and my solicitor suggested he write to them reminding them that it was not their land and they only had a right to travel across it. Best to avoid the potential aggro and get it sorted while the builders are waiting for you to exchange.

VXR8

A quick email exchange with the builders tells me they may have sent revised plans to my solicitor and these now state 'shared access.' Don't think I have seen these (but, without checking can't say for sure).

Oh and the meters apparently can not be moved!