Builder wants land back for free

comedyseeker123

Is this a boundary dispute?

giraffe69

I wouldn't dream of giving into the builder without
1. Getting legal advice
2. Checking the position with my bank or building society
3. getting a written undertaking that your costs are met

The builder appears to be seeking to bully you into settling. This would make me less inclined not more to do as he wishes. It would also make me more hardline about what I regard as adequate compensation be it land, cash or extras to the house.

sgun

For me 10 meter square would be neither here nor there but in a new build with (I guess) teeny tiny gardens it could be quite significant so it really does have to go back to your lender. I have been in a buying position before where the title plan showed up that the garden was significantly larger than what the owners thought they owned and what they were selling (they were numpties). I would have wanted the extra land but didn't proceed with buying as there is never anything as simple as "just moving the fence" or "changing the deeds".

As others have said, solicitor advice needed first.

davidmcn

lawyers_online wrote: »

We at Lawyers Online will have lawyers that can quote a fixed fee for this service.

But you're probably best avoided, given that your attention to detail doesn't extend to noting that you're not allowed to tout for work on the forum...

jimmyjammy001

As everyone else has said, I would not sign anything that involves my house with out someone from a legal position to spell out to me any legal/financial consequences that can arise from signing land you own on paper away to someone else. Also the builder stating that it all ways happens and trying to pass it off as nothing big would also set the alarm bells ringing as he has a very biased view in trying to get you to sign as quickly as possible.

epinjy

GarryF wrote: »

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.

I'd be playing as hardball as I could with anyone who approached me like that.

m0bov

Don't forget the builder is running a buisness and will be making money out of this land. If it were me, I would get the fence moved straight away to the correct boundary or he could claim it for his own if he started to maintain it.

Once done, I would leave it at that, its got the potential to be very messy and you will end up sorting it out, whilst he sells of another house for a nice comfee profit.

Yes it might be an honest mistake, but a profitable for him

pinkshoes

eddddy wrote: »

Your mortgage lender may want to send out a valuer to revalue the property with a smaller garden.

If the valuer down-values (even by a small amount) and you're right at your mortgage LTV limit, that could cause problems.


In your position, I would start by saying that I need to take my solicitor's advice, and the developer must undertake to pay my solicitor's costs.

(And explain that to your solicitor. Your solicitor will probably contact the developer's solicitor to get an undertaking that the costs will be paid.)

Exactly this ^^^

Your mortgage will be based on the larger garden as shown on your deeds.

Any reduction of this will change your LTV and could cause you problems.

I'm not sure why the builder is getting aggressive and trying to bully you into signing it over for free. He should be smiling and being nice given YOU hold the best hand.

Do NOT sign anything.

You will need to seek legal advice over this and this should be at the builders expense. If he refuses to pay for this, then the land stays as yours. Move the fence.

If he does pay (get this writing), then I would be considering selling him the land, using the cash to increase your deposit if it is going to affect your LTV.

Do not just agree to GIVE him the land.

m0bov

If the OP speaks with his sol, then his sol might be compelled to talk to the lender, which could then revise or pull the mortgage.

I honestly would move my fence and be done with it. If the builder starts getting legal, then fine but if the deeds are correct and you fence is in line with it, then tough. OP will be on the loosing end if they start making a fuss.

davidmcn

m0bov wrote: »

If the OP speaks with his sol, then his sol might be compelled to talk to the lender, which could then revise or pull the mortgage.

How? They've already completed. The lender can't just "pull" a mortgage, though they will want the issue sorted.

As for moving the fence - we still don't know what the OP actually contracted to buy.