Property developer can reclaim my land..!!!

aviii

I am in the process of buying a house that if freehold, built by a property developer. I just received the contracts to read over.
I have notice that in one paragraph, it stated that the developer can reclaim part of my property as long as I does not affect the house price.

I was under the impression that if I brought a freehold property, it was 100% mine..
The thought that one day I could lose part of my property, like the garden is putting me off.
How can they legally do this..?

has this happen to anyone..?

AdrianC

aviii wrote: »

How can they legally do this..?

Simple. Because you'd be explicitly agreeing to let them do it - either as part of the sales contract or through a covenant.

I think they'd find it near-on impossible with that caveat around affecting the value, tbh, certainly to try to reclaim any meaningful amount of land, so it seems a bit pointless. How much land is with the property?

I'd be telling my solicitor to request the removal of that clause forthwith.

aviii

@AdrianC - Thanks for response.
I though i had to agree to the contract - i will ask my Solicitor if that part can be removed.

I have a good size garden and there is land of the next side - which i guess could be sold to a developer.

AdrianC

You and the vendor both have to agree to the contract for the sale to move forward. That doesn't mean this first draft is the only possible contract.

What's the actual word-for-word-punctuation-for-punctuation clause?

aviii

Do have the paper work with me right now, but will check it again this evening.

G_M

everything is negotiable.

Well done for spotting the clause - most people don't read beyond the buyer/sellers' names and the price!

aviii

Update:

The statement about the developer being able to reclaim part of the land without affecting the house value - was actual written on the Solicitor Report and not mention on the actual Agreement for Sale report..!!!

When I asked my solicitor beforehand about this, she could not find it and was unaware…!!!!!!!
I am thinking - its in the report that YOU wrote…!!!!
I just hope she is not re-cycling information.

I am awaiting her response, on the accuracy of the information

Hoploz

How very odd!