Builder wants land back for free

fezster

ReadingTim wrote: »

It's the difference between the letter of the law and the spirit of the law, and given his position arises from an administrative/clerical error, it will be easily dismissed.

You seem very certain of the outcome despite there being many uncertainties regarding the OPs position.

I doubt very much it would be easily dismissed based on the information given.

gingercordial

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.

You've had good advice on what to do but I wanted to address this.

There is no reason for you to care even the tiniest bit as to whether some builder thinks you are a nice person or not. Socially we are conditioned to care, and that kind of "you're not very nice!" childhood insult stings, but when you step back it is of no consequence to you whatsoever. He isn't your family or best friend. If he thinks you're an @rse, so what? You already think he's one.

GarryF

Thanks for the advice everyone. I’m going to seek legal advice now. However after reading a lot of comments I’m thinking of just agreeing to new plans to avoid court.

Slithery

GarryF wrote: »

However after reading a lot of comments I’m thinking of just agreeing to new plans to avoid court.

But it's not just up to you. You have to get the mortgage lender involved.

davidmcn

GarryF wrote: »

Thanks for the advice everyone. I’m going to seek legal advice now. However after reading a lot of comments I’m thinking of just agreeing to new plans to avoid court.

Not sure why you think court would be involved. Talk to your solicitor anyway.

AnotherJoe

davidmcn wrote: »

Not sure why you think court would be involved. Talk to your solicitor anyway.

Because that's what the builder has threatened if OP doesn't play ball..
OP as said you HAVE to get your lender involved. There's no option. Get a solicitor at the same time and protect your interests.

DoaM

GarryF wrote: »

Thanks for the advice everyone. I’m going to seek legal advice now. However after reading a lot of comments I’m thinking of just agreeing to new plans to avoid court.

I don't know what comments you've been reading ... the vast majority of comments in this thread are advising you NOT to just blithely agree, rather to get legal advice so that your position is properly understood and explained. Such costs would be for the builder to reimburse you/pay directly.

funkyskunky

Get the house valued and see if it matches what you thought was in the deeds or what is actually in the deeds.

TiberUK

Fascinating thread.

At the end of the day you paid a lot of money for this land and as a result you own it, not the builder. If he wants to take that land away? At the very least some form of compensation (above legal/admin fees) is due to you, even if you don't want to hold out for market value.

I highly doubt the builder would be discussing what is moral and the spirit of the law if you had legally bought less than you expected

I have never been to court over anything, it is no doubt scary. But at the end of the day? he sold you the land, you have the documents to prove this and I (who am not a lawyer) would be very surprised if he wasn't told to go away and stop wasting the courts time

This would all be very different if you were dealing with a neighbour rather than a builder.


But ignore all of what I just wrote. Go talk to your solicitor and your bank, see what they say and decide what is best based on those responses combined with your own personal feelings and ignore what strangers on the internet with no personal stake in the issue would do,

Lungboy

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.

My conveyancer compared the deeds from LR to Google earth and street view and talked me through the boundary on all sides to make sure it was as I understood it, even to the point of checking if maintenance hatches he spotted were inside my boundary or not. I assumed that was standard procedure.