Builder wants land back for free

GarryF

That’s correct. There was a lot going on and so much form filling and this is all very new to me. I missed it as well.

But if I checked all my other boundaries and found out my fence was out I would have to suck it up and give it back. I guess it’s lucky the balls in my court in this instance. (I think?)
But as it stands I own more land than I thought. The problem is now I know, I cannot take that away. Is it greedy? Yes. But what would you do?

Out,_Vile_Jelly

I would aim to negotiate for half the land, so both houses end up with fair-sized gardens. This seems a sensible compromise, and perhaps what the builder should have approached you with.

sheramber

Our solicitor picked up that out fence was in the wrong place by comparing the land registry papers with the ordinance survey.

Our fence was 10 metres wrong on two sides.

Fortunately, the owner of the adjacent land was the seller of our house and had no objections to moving the fences.

AdrianC

GarryF wrote: »

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.

They just don't do it. It's not what they do...

They wear suits and sit in offices, not wellies and wander around building sites with tape measures. You couldn't afford their hourly rate to do it, anyway.

All it needed was you to look at the plans and relate it to what you expected to see there.

babyblade41

I'm no lawyer but what happened in my case the vendor had to claim for adverse possession ut being a new build I suppose that won't matter.

As I'm pretty ruthless and possibly would have noted as soon as the boundary fence went up in relation to the plans then I would have stated the fence is in the wrong place before hand

From the small amount I know then if the LR title is correct then I would seek a very good solicitor who specialises in this and seek their advice..at the very least your expenses must be covered whether the builder made an honest mistake or not... he won't make it again

Mistral001

This glaring mistake could have been made because the builder did not properly instruct the architect or surveyor who drew the boundary on the deeds map. However it could have been the architect or the surveyor who made the mistake and hence would responsible for any loss the builder incurs as a result of that mistake.

So if the OP insisted on the builder buying the land back, the builder might actually not have to pay for it but would be able to claim it from the person who made the mistake and they would be able to get it from their insurance.

fezster

ReadingTim wrote: »

Morally, I don't see why you should profit from a genuine mistake on the plans.

I agree with you on the moral argument.

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.

I'm not sure this is correct. On the face of it (from what the OP has said), legally he is in the stronger position.

GarryF

The other house is on a larger plot and hasn’t been valued yet. So in essence the fence could be moved and prospect buyers would never know.

AnotherJoe

ReadingTim wrote: »

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.

Because the mortgage lender may have looked at the plans and decided that, with a garden that size, thats what it was worth, and perhaps, had the land been smaller they woudl not have valued it so highly.
The builder will be keen to fix this because at the moment they have a house they cant sell due to half of its garden not being legally theirs.

GarryF

He has drawn up new plans and pressured me into signing, saying this is the only resolve and basically I’m not the nice person he thought I was of I want to move the fence . I expect his next move is to threaten me to take it to court.