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Small bit of garden belongs builders. Advice please

Hi.

I’ll try and keep this short and sweet.

My house was built 30 years ago and the deeds suggest a tiny bit of garden still belongs to Taylor wimpey - who built the house. Approx metre by metre at the back corner. We’ve approached Taylor wimpey who haven’t responded to the seller in over a month. The probably don’t know this exists. This wasn’t flagged up when the current owners bought the house! The red line shows a small dip at the back of property. By fence backs on the another garden and so does the side so moving the fence (which is in a straight line but according to the deeds shouldn’t be) would mean there is a tiny square of land left. It would be impossible. Can we continue with the sale without any huge risks to us?? We want this house :mad:
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Comments

  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Whats the worst that can happen, Taylor Wimpey fencing this square meter so you cannot use it? If the area has been used as if owned for 12+? years go for adverse possession although simply fencing it and using it is unlikely to bother anyone.
  • Lsh17
    Lsh17 Posts: 11 Forumite
    No we can’t do that because the current owners have lived there for only a few years. And because we’ve approached TW, the 12 years starts now basically. What is the worst that can happen really?!! I just worry if it’ll effect us if we sell in that time!
  • GDB2222
    GDB2222 Posts: 27,027 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Is the other land registered?
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Lsh17
    Lsh17 Posts: 11 Forumite
    Yes, registers to Taylor wimpey x
  • GDB2222
    GDB2222 Posts: 27,027 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    In that case it’s almost impossible to establish adverse possession.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Lsh17
    Lsh17 Posts: 11 Forumite
    Maybe it’s unregistered then but I can claim the land after living there and maintaining the land after 12 years So my solicitor said. It’s so confusing. But my main concern is consequences if we continue with the sale. Is it worth pulling out the sale for.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 27 November 2019 at 8:55PM
    Lsh17 wrote: »
    Maybe it’s unregistered then but I can claim the land after living there and maintaining the land after 12 years So my solicitor said. It’s so confusing. But my main concern is consequences if we continue with the sale. Is it worth pulling out the sale for.
    But you've just said
    Yes, registers to Taylor wimpey x
    Is it or is it not registered to them? :huh:

    Sounds like it is landlocked ie no access for anyone except across your or neighbour's garden. So no use to them. And as you say they prob don't know. Or care - except perhaps to scr*w some money out of you if you keep pushing them!


    I'd just buy the property.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Can anyone get to this bit of land without going over anyone's garden? Is there anything on this bit of land like a drain or anything?
  • Lsh17
    Lsh17 Posts: 11 Forumite
    G_M wrote: »
    But you've just said Is it or is it not registered to them?

    The solicitor has told me I can claim the land after 12 years. So if it was registered that would mean I couldn’t do this. Meaning it musnt be registered to Taylor wimpey and they just own the land??
  • Lsh17
    Lsh17 Posts: 11 Forumite
    No nobody could access this without going into my garden. There is no drainage ect it is just a square bit of land where on the deeds the tots are further back then the red line is!
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