Strip of land with new build not ours

[Deleted User]

fromtheshires wrote: »

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.

This was my first thought, they want the land back to then charge you onerous costs to keep it tidy. Will it be access for anyone else to go down the side.

I'd tell them to poke it tbh.

Ozzuk

What did you lender actually lend on? You should have had a title plan outlining what you were purchasing so it should be easy to see if that was included or not.

If it was, I'd tell them to jog on. If it wasn't and you didn't consider it part of the purchase then I'd simply tell them to meet all your legal costs, and any out of pocket expenses. Is it on one title deed?

MrsM71

Just a quick update.

We have had a check through the title deeds received at purchase & they appear to be missing the plan showing the boundary! We are relying on the builders word that we do actually own the land at this stage.

It is a very narrow strip of overgrown land no wider than a metre or so that runs along the entire back of our fence. Our fence is on one side & a hedgerow, that we assume belongs to the existing property next door, is on the other side. It does not lead anywhere & could not be used for anything.

I had a call from the same lady at the builders yesterday asking if I had discussed their request with my husband.

I advised that I had & that we would like to know why they want the strip of land back. She was vague in her response, stating it was never meant to be part of our garden - it was a mistake by the "land people" & that it was just a "manky hedgerow" that was subject to preservation.

I stated that I was still not clear as to their reasoning & that we would probably like to hold onto it.

She said she would have to report back to the "land people".

There is no mention of any preservation orders on any of the paperwork we received on purchase.

My husband happened to be speaking with a site agent from another totally unrelated building company yesterday, who advised that it was possible that it will not be possible to sign off & handover the whole site until this matter is resolved?

If our builder would provide us with a sensible response as to why they need the land back we could consider their request.

I will keep you updated should I hear anymore.

Ozzuk

They likely want the land back because they never sold it, i.e. you bought what was on your title deed so have no claim. They are correcting an error - same if someone sent you money by accident.

That said, I'd still insist they pay all your costs after all this wasn't your mistake.

stator

What does your title plan, registered with the Land Registry, show?
If you don't have a copy, pay £3 and download it

MrsM71

Just downloaded the title plan & the strip of land is NOT included.

(I'm struggling how to figure out how to attach a copy here).

So I'm not really sure what the problem is. We do not own it so how can we give it back?

moneyistooshorttomention

Actually - if that strip of land is only about a metre wide - then I'm wondering if it might fall under the "general boundary rule" that the Land Registry has anyway??

I don't recall the exact figure that means = your boundary is here to within +/- figure - but I think it was either 3' or a metre. Probably 3'.

The nearest we can get in this country to an absolutely correct to the inch/swear on the Bible boundary is within about that amount of space. It causes endless problems and, I gather, the best available to us is to pay out money to get what is called a "determined boundary" instead of that "general boundary" and that is a sight more accurate - but still not absolutely precise to the millimeter. A "determined" boundary is accurate to within 4" from memory (which, I presume, is a degree of accuracy that matches the width of one of those horrible concrete block "walls" if they are low-level - ie single width).

EDIT; I'll just put a shout-out up here for the Land Registry rep. to clarify on this point here.

LAND REGISTRY REP - coo-ee - can we have your input on this please?

konark

She was vague in her response, stating it was never meant to be part of our garden - it was a mistake by the "land people" & that it was just a "manky hedgerow" that was subject to preservation.

If it's so manky why do they want it back?

Just downloaded the title plan & the strip of land is NOT included.

So there's a clear strip of land between your garden and the neighbour's?

moneyistooshorttomention

....and, if it is indeed a "clear strip of land" and can be seen clearly to be not within an individuals boundaries, then is there any possibility of it being a ransom strip?

Just a bit of an off the wall idea - and no idea what the layout of the estate is to see if that's a remotely feasible idea..

I know a particular little foible of land near me just didnt make the remotest bit of sense until I started thinking "What if it's a ransom strip? What would happen if someone wanted to start re-developing around there? I see - that property there would possibly be able to extract some more money out of land they sold off....."

Davesnave

moneyistooshorttomention wrote: »

....and, if it is indeed a "clear strip of land" and can be seen clearly to be not within an individuals boundaries, then is there any possibility of it being a ransom strip?

According to the developer, "it was just a 'manky hedgerow' that was subject to preservation."

which is what I wondered earlier-on, having come across this myself.

A metre between 2 gardens doesn't sound a great place for a ransom strip.

Remember, the neighbour's trees had to be preserved.

I think it will be mentioned somewhere in the original planning for the development, and possibly in the neighbour's planning too.