Bought new build a year ago they now want land back?

BrianFT

Today I received a letter a few days after some builder came into my front garden and spray painted a long red line over a large chunk of my front yard.

The letter states they have made an error and part of my garden now needs to be taken back and made into part of the pavement and my garden now made half the size.

They advise they will be taking my fence down and removing this part of my garden soon. This is a year after I have been living in my new build house.

They have not really provided any reason why this cannot just be left as it is, if it truly is wrong and in error then why does it need to be changed if the pavement is a more than suitable size?

Please can anyone advise if they legally can come and take half my garden off me a year after the fact without my permission or any court documents e.t.c to say they can do this?

Robin9

See your solicitor urgently.

marliepanda

See your solicitor.

Does your garden match the deeds you have?

Cash-Cows

Also check what's approved with the planning permission.

HampshireH

What do your deeds say?

Do they reflect what you have now or what you should have and are proposed to receive

00ec25

you purchased a plot of land with a property on it. What you legally purchased is set out in the various documents that formed part of the conveyance. Have you looked at them? Did you check them before you signed them and let your solicitor complete the purchase? Have you checked whether they relate in reality to what you now call "your" garden?

You have a simple legal dispute over who owns what. The only person who can solve that for you is a solicitor since some one who knows what is what needs to read your documents. You may be able to persuade your original solicitor to do it for you, but then again they may well refuse (if you had gone with a cheapie) or charge you. Paying up in that case would seem sensible

G_M

What does the registered Plan to your property show? Do you own the entire garden or only half of it?

We cannot see your Title document or Plan so you'll have to tell us - we cannot tell you!

2 x £3 here if you don'tt have them.

BrianFT

Problem I have is they provided 2 plan documents that they say proove I dont own the land but I dont understand them very well and theres no scale what so ever to show how large or small it should be or what angle each part is e.t.c. It will take a lot of work to figure out for sure if it is true or not.

But at moment if they are indeed right. Even if its not in my deed, a year after moving in do they not have to have my permission or proove in court or similar that they own this land before they just walk onto it and start tearing down my garden?

And if they do not have to, then i do not understand why they are doing it because all it will achieve is a larger pavement which is not necessary at all as its large enough. I dont understand why theyed come a year later and decide to change it.

ProDave

Is this the one discussed recently where the builders got the visibility splay details wrong and the planners are enforcing that they make it right, which means making part of a road junction bigger and the garden(s) smaller?

I would think you have a case for seeking compensation for the loss of land. If it is a planning issue then the builders messed up ad got it wrong.

G_M

BrianFT wrote: »

Problem I have is they provided 2 plan documents that they say proove I dont own the land but I dont understand them very well .

Never mind what they are showing you.

Look at what you bought!

What does the registered Plan to your property show? Do you own the entire garden or only half of it?

We cannot see your Title document or Plan so you'll have to tell us - we cannot tell you!

2 x £3 here if you don't have them.

AdrianC

Can I have a fiver on the OP not having looked at the plans before exchange, comparing them to what they thought they were buying... and the solicitor having been "recommended" by the developer?