Builder wants land back for free

GarryF

Thank you all for your replies.

If the boot was on the other foot I have no doubt the builder would move the fence and take the land that’s stated in his deeds. Or if he had sold it on and the boot was on the other foot the hypothetical neighbour would do the same.

stator

If you have a mortgage this will be complicated. Don't agree to do it for free until you have worked out if it's going to cost you anything.

GarryF

Yes i have a mortgage on this. A pretty big one

Lungboy

How did your conveyancer not spot this?

AdrianC

Lungboy wrote: »

How did your conveyancer not spot this?

Because the conveyancer's never been to site.

It's why a competent conveyancer should be getting the buyer to confirm what's on the plans is what they think should be on the plans.

Davesnave

There will be a compromise position, because there always is.

The builder has begun in an uncompromising manner, but you hold the best hand. The situation's complicated by the involvement of your lender, but there's no urgency for you to agree anything.

Take your time to explore the various options and their consequences. The builder will want this sorted quickly, so they may eventually offer you a deal with incentives you can live with, regardless of their opening position.

p00hsticks

Lungboy wrote: »

How did your conveyancer not spot this?

Conveyancers / solicitors don't tend to actually visit the property they are dealing with, so they have no way of telling if the plans that they see from the land registry donlt match up with what it looks like in real life.

Although I think they should have shown those plans to the OP and got them to confirm that they resembled what they thought they were actually buying (I know ours did last time we bought).

GarryF

My solistor didn’t do a site visit, so as far as he aware I own what is on the TP1.
This is my first home so I do wish I instructed him to do a site visit.

davidmcn

Lungboy wrote: »

How did your conveyancer not spot this?

AdrianC wrote: »

Because the conveyancer's never been to site.

It's why a competent conveyancer should be getting the buyer to confirm what's on the plans is what they think should be on the plans.

In any event, if you're buying off-plan then there may well be nothing on site at the relevant time - everyone has to assume that the builder will put fences etc up in the right place. Solicitors/surveyors are unlikely to go back immediately before completion to check.

This is all assuming that the title matches what the contract said, which isn't necessarily the case.

ReadingTim

Morally, I don't see why you should profit from a genuine mistake on the plans. Fact is, the fence is where it should be, and you've been fine with that since you bought the place - you got what you thought you were getting.

As long as the builder rectifies the error at no cost to yourself, I don't see you have a leg to stand on. Yes, you could try and occupy what is 'legally' yours, however, I suspect the builder will also take to the law to rectify the position, saddling you with his costs when you inevitably lose.