Developer moving fence line

Meganb1986

Hi all,
Would just like some advice. Husband and I have purchased our first house and it’s a new build. We have been living there for six weeks. About a week ago our neighbors moved in. While having a friendly chat they mentioned that the gardens were not correct size when compared to the plans. They were bringing it up to the developers to move the fence line. This would mean we would lose about 20 metres of garden space. The neighbour mentioned today to me that the plans were being reviewed by their solicitors and the building company. He was under the impression that they will definitely be moving our fence.
When we first looked at the house, before we signed contracts, we saw the house and the garden as it was being built. We were under the impression that what we saw was what we were getting. One of the reasons we chose that house was because of the bigger garden. To be fair when we first saw the garden I did comment on how much bigger it looked when compared to the plans. To which the customer service person gushed how it was all ours and how wonderful it is. We have yet to hear anything from the building company or customer service but I have noticed that there have been workman out in our garden during the day looking around our fence.
So I guess what I would like advice on if anyone has had to deal with this before. Is there any way to keep our garden the size it is now or is it a loosing battle? Is there any way to get some compensation? We have some work around the house that we were going to get done privately (bathroom floor tiling, wet room conversion) is this something we could ask for them to do instead?
Any help on what we can do would be great!

HampshireH

What does your deeds / title plan say and does your garden reflect it?

moneyistooshorttomention

You've "noticed that there have been workmen out in our garden"!!!

- and you didn't go and throw them out on the spot for trespassing:eek:

It does sound like, as far as you are concerned, you genuinely believed all of that garden is yours. Well - you've bought it that way now and it's up to the builder and neighbour to discuss between them whether their garden is or isn't the size it's due to be. If anyone gets compensated - it's the neighbour - because it's the neighbour that is in in this situation.

Personally - I'd say to both of them "Nothing to do with me - sort it out between yourselves".

Doozergirl

You buy what the title plan shows. You had to check it.

If there was a discrepancy then you needed to highlight it to your solicitor as they cannot check what is actually on the ground. Asking the salesperson why your garden is bigger than the plan isn't the most reliable way to get a factual answer.

Ms_Chocaholic

Do you have a side gate? If so, lock it so the builders can't get in and move anything while you're out. Then check the plan on your deeds.

Ms_Chocaholic

Are you sure you mean 20 metres? Over 65 feet?

moneyistooshorttomention

Ms_Chocaholic wrote: »

Do you have a side gate? If so, lock it so the builders can't get in and move anything while you're out. Then check the plan on your deeds.

Agreed with making your garden secure against intruders.:T

Also, if you haven't got round to installing an outside tap and long hosepipe from it - do so! Then you can water your garden whenever you like - including any time trespassers are in it (that wouldnt be the "voice of experience" obviously and nor would I have nfh that used to trespass in my garden regularly - and have stopped doing for some strange reason;) ).

davidmcn

Ms_Chocaholic wrote: »

Are you sure you mean 20 metres? Over 65 feet?

Possibly 20 square metres.

ThePants999

moneyistooshorttomention wrote: »

It does sound like, as far as you are concerned, you genuinely believed all of that garden is yours. Well - you've bought it that way now and it's up to the builder and neighbour to discuss between them whether their garden is or isn't the size it's due to be. If anyone gets compensated - it's the neighbour - because it's the neighbour that is in in this situation.

Personally - I'd say to both of them "Nothing to do with me - sort it out between yourselves".

Errrrrrr. I could genuinely believe that this garden is mine, wouldn't make it so! And neither does the fence. For land that's been registered at the Land Registry, the title plan is everything. If the title plan shows this bit of garden not being the OP's, then it's not the OP's, and this is the OP's problem. The fact that there's a fence in the middle of what's actually the neighbour's garden, rather than at the boundary, is irrelevant, unless the OP can hypnotise the neighbour into forgetting the whole thing for a decade plus and then claiming adverse possession! Right now, the neighbour, or their designated agents (e.g. the workmen), are absolutely entitled to waltz all over this bit of land, and the OP is not at all entitled to stop them. As for spraying a hosepipe at someone, because they're on land that's technically theirs but the OP is wishfully thinking is theirs... well! I can only hope they don't take that particular nugget of advice.

Compensation? Well. If the registered title matches the developer's original plans, then I'd say it's pretty unlikely. If you could prove that you'd queried an apparent divergence between the plans and the actual development, and been assured that the actual development was indeed correct, then you might have a case against the developer, but I bet you can't prove that. If the registered title doesn't match the developer's plans, though, I'd be complaining to the solicitor, who really should have caught that.

Of course, if the title plan at the Land Registry does show you as owning this land, forget everything I've said. If that's the case, then the difference between that and what the developer actually intended is indeed nothing to do with you and is an issue for the developer and the neighbour - unless the developer fancies making you a really good offer to buy the land off you and give to the neighbour!

ScorpiondeRooftrouser

ThePants999 wrote: »

Of course, if the title plan at the Land Registry does show you as owning this land, forget everything I've said. If that's the case, then the difference between that and what the developer actually intended is indeed nothing to do with you and is an issue for the developer and the neighbour - unless the developer fancies making you a really good offer to buy the land off you and give to the neighbour!

If it does show that it belongs to them, then presumably it can't show that it belongs to the neighbours - so the developer wouldn't have to do anything.

bris

A mistake doesn't make it yours, you get what you bough according to plans.


A fence doesn't mean anything, it's just a separator between you and neighbours, it's not part of the bricks and mortar, if it was erected wrong it's easily fixed.


From your post you even know the garden was to big for your plans so surely tour not going to play dumb on this.


As for compensation you can ask, but don't expect to much.