18mo after moving into new build, told our garden fence temporary, will now lose 31.5msq

gallifreyangirl

I am keeping my fingers crossed for you OP. Can't believe you have been told about the 40cm being taken from your garden. 

spencer999

when it's resolved can you invite us round for a garden party xx

Sistergold

Really keeping an eye for the outcome! Hope you keep your 40cm piece of land! Beautifully done garden! It really be unfair for you to be asked to replan your garden! 

moneymattersnatter

So, please forgive the suspended silence.  I've had so much on and this had to take second stage for a while - it never rains but it pours, eh?!
So, summary: we had the legal advice to put the conversation in writing and anticipate options by Feb 5th. 
We didn't hear back but we did get a placeholder. 
Six weeks later - nothing.
We want to put in a greenhouse and patio, as planned, so I spoke with the Home Insurance last week and they said I should email again "We really need an update by mid-March, or we're proceeding with investing in our garden." Heard nothing. 
One of the questions we asked of the Developer, is 'what is our legal position, given we used the team you recommended, and they never mentioned any of this 'temporary' nonsense either? 
So - I called them yesterday. 
Surprise, surprise, they hadn't heard a thing. I explained that I'll be happy to associated any failings on the Developer to them too, if need be, so please explain how/who/where this *could/should/would* have been picked up if the work hadn't been messed up by however many parties....  
They called the Developer who said "we aren't considering taking legal action, *yet*, as we're hoping to resolve this with the customer via Customer Services.  Of course *We retain the right to move the boundary if an error has been made*". 
I was agog.  Seriously?! We've been here since June 2019!  How long does this clause last?!  Which clause?! That's INSANE!!!  Does it apply to walls of my home too?! 
Anyhoo... the reason I couldn't find the papers is they were in CD format, which I found, so the Solicitor sent me the Transfer Papers in soft copy.  I've asked them to confirm there is this 'get out of jail free clause' but they've said they can't comment as they aren't litigators ... 🧐

I can see a clause saying they have the right to erect structures (and scaffolding) from our property, but nothing about "if we make a colossal boundary error no-one need worry, because we have every right just to move it to where it should always have been"

So... wonderful people - what now?!  The developer's legal team now knows we're looking to protect ourselves. 
We've said we need a resolution to enjoy our outdoor space this summer. 
A friend in Property Development says they'll leave it to last minute and simply undertake any changes to the boundary that they need and hang us out to dry. 
I'm wondering... Once lockdown ends, can I subscribe some volunteers to chain themselves to the fence?! I can pay in tea, cake and kindness, and also views of a lovely garden... at the moment!  😜
If not, what other *legal* disruption can I undertake to make sure this gets resolved, asap?!  
Does anyone have a way to get this to the Media?  I'm not averse to a little rattling of doors, particularly when this is having such an emotional impact.

k3lvc

moneymattersnatter said:

Does anyone have a way to get this to the Media?  I'm not averse to a little rattling of doors, particularly when this is having such an emotional impact.

Personally (and unfortunately) I suspect this is where you're issue will lie - this is emotional to you but it's financial/legal to the other parties.

No idea how this will pan out - without re-reading all of this what has your solicitor said ?

teachfast

I'd be taking advice on what notice to serve them to indicate boundary dispute if I were you: to stop them simply doing it.

ian1246

I'd also ensure the fence along the boundary is yours. If its not, put your own internal fence up & keep a record if it going up & invoices for cost etc.... If they then one day rock up & take the fence down, whilst they could take their fence down (if its their fence along the boundary) they ll be Committing Criminal Damage if they do it to yours, especially if you make it clear in writing that you do not consent.

That will then leave then with the only option of going via the Courts - a far better option than them just doing what they want & leaving you out to dry/having to implement legal action of your own.

moneymattersnatter

Ooh, I forgot to say, I won my small claims case at court! It's no amount of money really, especially as it's take 8 months to get paid for four days work last July, but a win is a win and one fight less to battle! 

mrschaucer

moneymattersnatter said:

Of course *We retain the right to move the boundary if an error has been made*". 
I was agog.  Seriously?! We've been here since June 2019!  How long does this clause last?!  Which clause?! That's INSANE!!!  Does it apply to walls of my home too?! 
Anyhoo... the reason I couldn't find the papers is they were in CD format, which I found, so the Solicitor sent me the Transfer Papers in soft copy.  I've asked them to confirm there is this 'get out of jail free clause' but they've said they can't comment as they aren't litigators ... 🧐

I can see a clause saying they have the right to erect structures (and scaffolding) from our property, but nothing about "if we make a colossal boundary error no-one need worry, because we have every right just to move it to where it should always have been"

 
A friend in Property Development says they'll leave it to last minute and simply undertake any changes to the boundary that they need and hang us out to dry. 

If you haven't already, you need to hunt down every single piece of paper you have ever received from the developer/solicitor/customer service department etc etc and go over everything with a fine tooth comb.  They can't just announce they have the "right" to do x, y or z without proving it to you.  If in some forgotten corner of some paper somewhere they have said that they reserve the right (for a reasonable period of time - surely not in perpetuity!) to rectify their mistakes in respect of the build, then fair enough and you have to accept that.  Otherwise, legally, you have bought what was presented to you to buy.  They make an offer, you accept the offer and give the money.  A legal contract is formed.  Unless they have a get out of jail free card somewhere in that offer that says they can unilaterally alter the terms of the contract later if they have made a mistake, then I don't see their grounds for argument.
Oh and you need a decent lawyer.

fewcloudy

Could newcomers please read the thread before commenting🤷🏼‍♂️🙄