We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
New House Boundary Issue
Cloud7
Posts: 6 Forumite
Hi there Folks, I am new to the forum,
Here's hoping someone can advice on this one
Recently we went through the process of buying a new home and signed a very small representation of a plan for the boundaries for it. Along with this plan, we also agreed to a covenant basically binding us to not do anything with the front of the front garden. Within in it there was also a note " The developer reserves the right to change the boundaries" There is/was no set time limit within the documentation on when they can actually do this though.
So after a year of living in our new home, we have just had a letter off the developer stating that "They have retained a small slither of land" at the front of the front garden. They now wish to mark this "slither" of land,...so the council will adopt the road.
This slither does not show up and is "not identified" within the plan we signed for.
The plot has not been adopted by the land registry either.
We have spoken and emailed both the developer and solicitor with regards to this and they basically said that the plan is a clear representation of the plot and we signed it.
To be clear The plan is not at all clear, and does not show the slither of land, the developer have mentioned at all...
Interestingly next door have also been told the same thing, and will potentially lose more land than we will, they were told of the slither and received plans with the "slither on, we were not told and did not receive any plans. We were told the land was ours, up to the foot path.
Furthermore the solicitor has stated today this is an after sales issue and Developer will be sorting out and not their job to sort out.
Potentially the slither may result in only a small piece being taken, but the small diagram we have received, is very much open to interpretation, they could take more they could take less.
On principal we believe we have been mis-sold and property has been mis-represented, we appreciate they have a right to potentially change the boundaries to a certain extent, but after a year and to what extent, I think is extremely misleading and frankly unfair.
Our question really is, where do we stand legally, can we challenge this, do we have to accept this?
Does the developer, indeed have a right to change the boundaries after a year or indeed indefinitely?
Any advise would be greatly appreciated
Much regards
Martin
Here's hoping someone can advice on this one
Recently we went through the process of buying a new home and signed a very small representation of a plan for the boundaries for it. Along with this plan, we also agreed to a covenant basically binding us to not do anything with the front of the front garden. Within in it there was also a note " The developer reserves the right to change the boundaries" There is/was no set time limit within the documentation on when they can actually do this though.
So after a year of living in our new home, we have just had a letter off the developer stating that "They have retained a small slither of land" at the front of the front garden. They now wish to mark this "slither" of land,...so the council will adopt the road.
This slither does not show up and is "not identified" within the plan we signed for.
The plot has not been adopted by the land registry either.
We have spoken and emailed both the developer and solicitor with regards to this and they basically said that the plan is a clear representation of the plot and we signed it.
To be clear The plan is not at all clear, and does not show the slither of land, the developer have mentioned at all...
Interestingly next door have also been told the same thing, and will potentially lose more land than we will, they were told of the slither and received plans with the "slither on, we were not told and did not receive any plans. We were told the land was ours, up to the foot path.
Furthermore the solicitor has stated today this is an after sales issue and Developer will be sorting out and not their job to sort out.
Potentially the slither may result in only a small piece being taken, but the small diagram we have received, is very much open to interpretation, they could take more they could take less.
On principal we believe we have been mis-sold and property has been mis-represented, we appreciate they have a right to potentially change the boundaries to a certain extent, but after a year and to what extent, I think is extremely misleading and frankly unfair.
Our question really is, where do we stand legally, can we challenge this, do we have to accept this?
Does the developer, indeed have a right to change the boundaries after a year or indeed indefinitely?
Any advise would be greatly appreciated
Much regards
Martin
0
Comments
-
Have they even specified the exact measurements of this "small slither" - there's small and there's small.
"Small slither" to you might mean 1' wide - to them they might try interpreting it as 10' wide for instance.0 -
Not sure what you mean by "the plot has not been adopted by the land registry" - do you mean your title is still undergoing registration?0
-
Hi thanks for response,
They have given no specification of measurements, no plan, nothing of slither. Before buying or after right up to present, no mention of slither up until now.
Indeed it could be 10" or it could be a metre tapering off, from what we have seen from next doors plans.0 -
Been told by other half its sort of in process. They have registered but not fully.0
-
If the developer is really talking about a "slither", isn't your first job to point him towards a dictionary and ask what on earth he's going on about? Do you have any snakes in your front garden?0
-
"ransom strip" is my immediate thought. It there is a "slither" even a 1" wide slither, between your land and the public highway, you may have an issue.
You need clarification about what they are actually doing. It could just be that in order to get the road adopted as a public highway, they need to widen the path a few inches to meet the councils specification.
If the slither is for some other purpose other than altering what is to become the public highway, I would be getting very worried.0 -
Please can we stop perpetuating the use of the word "slither"! What we have here is a sliver of land.0
-
From what we can gather, the house is one away from the corner where the road runs round.
They've miss calculated the line of sight for the road and drivers to drive safely round it, so by the looks of it they will need to alter the path and road to compensate, there by taking back some land to alter.
What we thought was our land by the plans and was told was our land, already tapers round with the road.
This taper was in line with the plans we received, so it looked obvious that our land was where we thought it was. However, because of the mis-calculation, they will have to take more tapering off one side, which could be up to a metre on one side tapering to nothing in the middle of the garden.
At the moment we have a rectangular garden...
It is going to end up being a pretty strange shape, which could affect the resale ability.
None of this was made clear to us before buying, the slither or dimensions was not in any of the plans.0 -
-
From what we can gather, the house is one away from the corner where the road runs round.
They've miss calculated the line of sight for the road and drivers to drive safely round it, so by the looks of it they will need to alter the path and road to compensate, there by taking back some land to alter.
What we thought was our land by the plans and was told was our land, already tapers round with the road.
This taper was in line with the plans we received, so it looked obvious that our land was where we thought it was. However, because of the mis-calculation, they will have to take more tapering off one side, which could be up to a metre on one side tapering to nothing in the middle of the garden.
At the moment we have a rectangular garden...
It is going to end up being a pretty strange shape, which could affect the resale ability.
None of this was made clear to us before buying, the slither or dimensions was not in any of the plans.
Do you have any evidence of that miscalculation of the sight line?0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.4K Banking & Borrowing
- 253.7K Reduce Debt & Boost Income
- 454.4K Spending & Discounts
- 245.4K Work, Benefits & Business
- 601.2K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards