Strip of land with new build not ours

MrsM71

We moved into a new build home this time last year.

(It has been a very stressful year as we seem to have bought the house of horrors with problem after problem materialising & the builders response being less than satisfactory - however "touch wood" the last few months have been relatively problem free & the builders response to any issues has hugely improved).

I have this afternoon received a phone call from the sales manager advising that there is a "problem with the plans".

She has explained that there is a strip of land between our boundary fence & the neighbouring property (which was there long before ours was built) which has been transferred into our ownership in error. It should have remained the property of the builder. It is apparently due to an error at Land Registry that we are now the owners.

When we bought the house we knew that the land was intended to be outside our garden & as far as we are aware the fence is in the correct location as per the plans. It is a long narrow strip of land full of briars & brambles.

The sales manager has asked that we return it to the builders ownership. They will pay our legal costs (up to a limit of £500) to effect the transfer.

I broached the question of financial recompense for our inconvenience & to aid the speedy transfer. The sales manager pointed out that, as we will have suffered no financial loss, we cannot be financially compensated. I suggested therefore that they might consider a goodwill payment. She seemed a little surprised that I had mentioned a payment & suggested I speak to my husband about it & that we will talk again next week.

I'm not sure what, if any, the implications of us refusing the request would be. I'm not sure there's any benefit to us owning the land.

Am I being too cheeky or unreasonable? Should I just agree? (I will readily confess that the difficulties we have had with the property & the dreadful lack of customer service we have experienced has inclined me to be a little less than helpful).

Your thoughts would be appreciated.

bobbymotors

No, no compensation.

What you want, if you're in a new build is EVERY SINGLE snagging problem done. BEFORE you sign over the land to them.

You've acknowledged it's their land....so make sure you get the problem free house that you paid for.

comeandgo

You knew this land was never yours, surely it's better to be the bigger person and not chirp about "compensation" for something that has caused you no financial or practical problems. Though I would ask for the £500 limit to be taken off. That is only a few hours work.

Mojisola

MrsM71 wrote: »

She has explained that there is a strip of land between our boundary fence & the neighbouring property (which was there long before ours was built) which has been transferred into our ownership in error. It should have remained the property of the builder. It is apparently due to an error at Land Registry that we are now the owners.

The sales manager has asked that we return it to the builders ownership. They will pay our legal costs (up to a limit of £500) to effect the transfer.

The Land Registry will have registered the land using the information sent to them by the builders! She's just passing the buck.

It's their mistake - they should pay all your legal costs!

The ball is in your court with this - you can be generous and allow the change or ask for a financial payout. Without your agreement, the deeds can't be changed.

MrsM71

Hi

Thanks for the replies.

It's the builder that has said that the land has been transferred to us in error.

I gave no real thought to who it belonged to but my husband seems to recall that we were informed that it would form part of our property but it had to remain outside the actual garden as the neighbour had raised issue with potential damage to his tree roots.

Mojisola

MrsM71 wrote: »

It's the builder that has said that the land has been transferred to us in error.

I gave no real thought to who it belonged to but my husband seems to recall that we were informed that it would form part of our property but it had to remain outside the actual garden as the neighbour had raised issue with potential damage to his tree roots.

That makes no sense - either the land is yours or it isn't.

It can still be your land even if it's outside your fence.

stator

Please post a photo of your title plane, with the street name blanked out, so that we can see what you are talking about.

If you have a mortgage secured on the house, then transferring any part of the land will be need the lender's consent.

Do you still have snagging problems with the house? If so then as stated above I would demand that these are fixed first.
I would also want compensation for the hassle of dealing with this issue.

If the land is next to your house I would be inclined to keep it, unless forced to transfer it. If there is nothing at all on the land, then the only way to make sure that stays the same is to keep it.

LEJC

Why does the builder need the segment of land....is there an advantage of it being owned by them not you...

sorry just don't really see why they can't accept that they transferred it to you albeit in error.

I'd be inclined to reply that whilst it's not causing you an issue you'll continue to own it...if later down the line you wish to sell then you will consider their offer!!!

presumably though they will want this land back if it genuinely has been transferred in error but I just can't see why they need it now....or why it is so important.

MrsM71

I will locate the plans at the weekend & take a look.

As for snagging - all the identified matters have been rectified, with the exception of a shattered front window (long story)!

MrsM71

When I asked what the implications of us not agreeing would be she was a bit vague & mentioned having to redraw all the plans?

globetraveller

At the very least they need to do all the work for you, leaving you just to sign. Officially it is yours though.