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

moneymattersnatter

Quick post:  It's freehold. 
THANK YOU for all these practical questions, I will report back, promise! 

AdrianC

BTW, minor detail... 31.5m long x 40cm wide is not 31.5m2 - it'd need to be a metre wide for that. It's 31.5 x 0.4 = 12.6m2.

davidmcn

Obviously the OP ought to check their facts, but I strongly suspect that if the developers are bothering to do this, it's because it's legally the correct thing to do in order to sort out the title discrepancy. And may save a bigger headache when the OP (or neighbour) comes to sell and only then discovers that the fences were plonked in the wrong place. Though 40cm is getting to the point of being tricky to notice one way or another due to the accuracy of plans, not sure if that gives an angle for argument.

silvercar

davidmcn said:

Obviously the OP ought to check their facts, but I strongly suspect that if the developers are bothering to do this, it's because it's legally the correct thing to do in order to sort out the title discrepancy. And may save a bigger headache when the OP (or neighbour) comes to sell and only then discovers that the fences were plonked in the wrong place. Though 40cm is getting to the point of being tricky to notice one way or another due to the accuracy of plans, not sure if that gives an angle for argument.

Equally likely that the other developer realised that they can’t fit whatever they need eg full width drive way onto what is left of the car park. The first developer doesn’t care less and shrugs shoulders and leaves other developer to try and claim back the 40cm.
it may well be that the plans for the whole development were out by 40cm and ther just isn’t the width to build everything that is on the bigger plan. Maybe they see OP as an easy target and if he/ she puts up resistance, they will move on to the next.

moneymattersnatter

AdrianC said:

BTW, minor detail... 31.5m long x 40cm wide is not 31.5m2 - it'd need to be a metre wide for that. It's 31.5 x 0.4 = 12.6m2.

Typo - I'm so sorry, I was up in the middle of the night and written it down as 12.6m2, typed up wrong! 

moneymattersnatter

Bad news: off phone to our insurance provider. Swintons. They were unhelpful saying I need to raise with the underwriter. "Who's my underwriter?" (bloody hell, it's like the people I pay to do their job anticipate I dispute boundaries and should know what to do?!) They told me. 
My underwriter told me to go back to Swintons. I said they just sent me to you. He says we're not covered and Swintons know it.  My husband is forwarding me the docs now to check. 
Sheesh... I've got a bad feeling about this!!!

HampshireH

moneymattersnatter said:

Bad news: off phone to our insurance provider. Swintons. They were unhelpful saying I need to raise with the underwriter. "Who's my underwriter?" (bloody hell, it's like the people I pay to do their job anticipate I dispute boundaries and should know what to do?!) They told me. 
My underwriter told me to go back to Swintons. I said they just sent me to you. He says we're not covered and Swintons know it.  My husband is forwarding me the docs now to check. 
Sheesh... I've got a bad feeling about this!!!

Your not covered because you haven't added legal expenses to your policy or for some other reason?

The advice on here has been great. Once you have your docs you may get further advice with some photos of the boundary and putting your title plan up as well as any clauses in your deeds which may be relevant. Just remember to anonymise if you do choose to do this.

AdrianC

Have you spoken to the conveyancer from your purchase?
Was that conveyancer "recommended" by the developer...?

Have you got hold of the actual plot map as kept by LR?
How is the boundary marked on there?
What dimensions or datum points can you work from?

Would you be willing to post the map, and some photos of the current fence's location?

2nd_time_buyer

From what you have said, it certainly does not seem like an open and shut case against you. It was clearly not built as a temporary fence and someone has cocked up somewhere along the line. However, it could take a fair bit of legal wrangling, cost and stress to remedy. I am guessing the developer would prefer not to have a protracted legal battle too, which could easily cost more than the value of the land.

It might be worth considering what a reasonable amount of compensation night be. If it is not exhorbiant then I imagine there is a fair chance the developer will accept it to make the problem go away. Best to take some legal advice first though.

daveyjp

AdrianC said:

Have you spoken to the conveyancer from your purchase?
Was that conveyancer "recommended" by the developer...?

Have you got hold of the actual plot map as kept by LR?
How is the boundary marked on there?
What dimensions or datum points can you work from?

Would you be willing to post the map, and some photos of the current fence's location?

"We used the property developer’s legal team for the house sale."

IMHO this shouldn't be permitted.  No way there isn't a conflict of interest.