Strip of land with new build not ours

glasgowdan

How big is this bit of land?

Either suggest they pay all expenses, plus your own time at a healthy hourly rate, or just leave things as they are. If the strip of land is going to be used for a through path or something else though I'm sure they'll find a way to force it out of you.

moneyistooshorttomention

MrsM71 wrote: »

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.

Well - with that comment and the fact that they've caused you all sorts of hassle by not doing their job properly in other respects = I'd just turn round to them and tell them where to go (politely phrased). You should have compensation for the hassle they've caused you - so there you go and decide that's it.

Perhaps you could put on some of that fake "surprise" they acted towards you while telling them this.:cool:

As for the idea of putting a limit on how much they will reimburse you for legal fees to transfer the land to them - when it was their mistake by the sound of it = they've got the nerve of the devil. If they want it back = they pay what it costs/however much it costs.

Personally - I'd rather doubt you'd get a solicitors letter and/or court appearance scheduled to make you hand the land back to them. After all - they'd have to prove it was their land and I doubt they could. Whereas you could prove it's your land - you've got the Land Registry stuff to say it is.

I'd just ignore them in your position.

There is also the matter that doing anything to transfer the land back to them would take some of your time. How many hours of your time would that be - at, say, £20 per hour? (not forgetting the time to work out how to fill in a self-employed tax form to hand the Tax Office its share of this sideline income).

fromtheshires

LEJC wrote: »

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

Yes, there are big advantages as to who owns land.

The biggest for the builder is management charges. They just need to own a little bit of land and everyone is responsible for paying for the estate service charges for 'upkeep'. Its basically a license to print money.

OP, sometihng you may want to also look into if its a new build. Your solicitors should pick this up anyway but one to be aware of.

molerat

If you were told by the builders that it was your land and it was on the plans they submitted to the land registry when dividing up the plots - which will be the plans your lender has agreed to finance - then it is your land. If they want it back they are going to have to pay for it and sort out the mess with your lender. They are supposed to employ legal professionals and surveyors to ensure this sort of mistake does not happen.

I assume the problem is that they have agreed to something with the neighbour re the earlier comment. If they own it they can ensure that nothing is done on that land that will affect that agreement. The OP now owns it and in future will likely be able to do whatever they want with it, I have seen several planning applications changing amenity land to garden land which what this would likely come under, which will affect the neighbour. It could also have been part of the planning consent. Getting it back on the cheap will solve all their problems.

teddysmum

It's probably intended to be a walkway,which can be a nuisance with motorbikes being ridden through and teenagers hanging about after dark.


(Both these occurred on our estate, some years ago,until staggered metal barriers allowing the passage of a pushchair were erected on two passageways and the teenagers outgrew the other passage, which just had concrete bollards to stop motorbike riding.)


If this is the case, owning the land and fencing off the access would be in the OP's interest.


( On our estate, at every corner one property owns the lawned area ,which is not part of their garden, but it is their responsibility to maintain it. However, several years after the builders left, in cases where the side plot is not too sloping,a number of owners have fenced it into their garden and one has built an extension on there.)

lincroft1710

Their mistake, they pay.

Their problem, it is now legally your land. Therefore it is your "ball" and they have to play the game according to your rules. Which means you don't have to co-operate if you don't want to.

MrsM71

Thanks for all the replies.

The land itself is just a strip that runs along the back of the garden - it doesn't lead anywhere.

I think molerat has hit the nail on the head.

Protection of next doors trees was a condition of planning permission. Presumably there may also be some form of legal agreement to that effect between the builders & the neighbour.

If we exercise our right to push our garden out to our boundary (or indeed the next buyer of the property does so) I'm assuming that the builder could have potential problems with the Local Authority & our neighbour.

Mossfarr

why not just say " thank you for your offer, I think we'll just keep it" and see what happens next?
That's what I would do!

moneyistooshorttomention

It sounds like it would be a good idea to ask them exactly why they want it.

If it's due to be a walkway or protecting neighbour - then it would be the right thing to do to hand it back (but making sure it's totally at their expense).

If it's going to be used as an excuse to charge maintenance fees to everyone (ie the builder wants to charge them and doesnt have any other land that can be used as an excuse) - then keep it.

Davesnave

There is no reason why the builders cannot pay for adding a clause to your title giving protection to the neighbour's tree roots and assuring the space is maintained as a wildlife corridor, if the latter was part of the deal with the planners. Would you be OK with that?

I wouldn't be in a hurry to transfer the title to the builders without much more information. The fact that they 'phoned, rather than send you a full written explanation, suggests that either this has little importance to them, or they hoped to catch you on the hop; it's impossible to know which.