Error in conveyance plan/land registry?

ladymint

Hi,

Two year's ago I bought a property and asked the original builder where the boundary was (we were not the first owners). Builder confirmed it was the a hedge which is situated on the outerside of our fence. This matched what we had interpreted from our Conveyance Plan, and what we had been told by several other people including the previous owner. Everyone agrees that this makes sense because we have two physical features depicted in our deeds on that side of the property.

A year after we bought the property, the builder confirmed again, in writing, that our boundary was the hedge. The LR plan shows our boundary as the hedge as well, and the builder confirms this to be the case.

However, the builder now decided to say that the first line in our CP is a mistake and should not be there. They say that, instead, the line that shows our boundary should represent the fence and that our land stops at the fence. The builder claims that their intention was to transfer only to the fence and that LR made a mistake in transferring up to, and including, the hedge. Although I dispute that there is a mistake in the CP, even if there was one, surely LR would have made a mistake due to that error. This whole situation stinks: the house was built almost 10 years ago, so I find it hard to believe that this person claiming to know the intentions was even involved in the transfer at the time.

So I am looking after some advice on where do I stand. I bought the property on the assumption that the documents were correct, and given that the builder themselves confirmed the land was ours (twice!) we cannot see how they should be able to claim it back.
My position is that, if there is a mistake in the CP, which resulted in LR transferring to us more land than what it should, then we should not be penalised for that. The builder should have taken reasonable care in drawing up the plans.
What I am after now is a way of solving this based only on what we were told before we bought the property and what the documents seem to indicate. Even if there is a mistake, I based my decision to buy the property based on the evidence available. I looked at the CP/deeds, LR plan, asked the builder and many other relevant people, and all match what is on the ground now and at the time that the property was first transferred.

I will take the builder to court if need be. But I am after some advice on where I stand and on how I can keep the land without the need to go to court. My solicitor says that we should go to court but, to be honest, I lost confidence in the solicitor and I'm concerned that he just wants to make a bit more money out of this.

Many thanks.

Alter_ego

Why the need to take builder to court? Surely he should be taking you to court if he disagrees with the legal documents you hold.

lincroft1710

How much land would you lose if the case went in the builder's favour?

Mojisola

ladymint wrote: »

However, the builder now decided to say that the first line in our CP is a mistake and should not be there. They say that, instead, the line that shows our boundary should represent the fence and that our land stops at the fence.

The builder claims that their intention was to transfer only to the fence and that LR made a mistake in transferring up to, and including, the hedge.

You don't need to do anything. You've got your deeds and the confirmation from the builders that your land includes the hedge.

I would write to them saying that you are happy with the deeds as they are.

ladymint

Alter ego: The builder is taking over the land to build new houses.

lincroft1710: It's around 30sqrm. But this is not only about the amount of land, the hedge was a deciding factor in buying the property due to several reasons, including privacy.

Thanks!

ladymint

Unfortunately I need to do something as the builder is taking over the land and destroying the hedge.

Alter_ego

ladymint wrote: »

Alter ego: The builder is taking over the land to build new houses.

lincroft1710: It's around 30sqrm. But this is not only about the amount of land, the hedge was a deciding factor in buying the property due to several reason, including privacy.

Thanks!

The builder cannot "Take over" your land.

ladymint

Yes, but they claim it isn't my land. That's the problem

Alter_ego

Instruct your solicitor to write telling them to desist.

Mojisola

ladymint wrote: »

Unfortunately I need to do something as the builder is taking over the land and destroying the hedge.

Destroying your hedge is criminal damage.

You can get a solicitor to issue an injunction to prevent further damage.

eddddy

ladymint wrote: »

I will take the builder to court if need be. But I am after some advice on where I stand and on how I can keep the land without the need to go to court. My solicitor says that we should go to court but, to be honest, I lost confidence in the solicitor and I'm concerned that he just wants to make a bit more money out of this.

If the builder plans to destroy your hedge and trespass on your land, the only body that can stop them is the court. (Unless you can persuade the Police that the builder is criminally damaging your hedge and land, but I think that's unlikely.)

You need to get a civil injunction through the courts to prevent the builder from trespassing. And realistically, you will need a solicitor to help you with that.