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

moneymattersnatter

Are you able to measure the distance from the corner of your plot to where the fence bends (i.e. the bit between A9 and A3)?

I reckon my husband could (he's very tall) when he gets home!  Watch this space!  There are still a lot of workers around the site so I'm not really been keen to try until they all go home! 

moneymattersnatter

So, everyone left and I went and got the measurements.  I'm not sure if it helps?! 😳
These pics relate to the corner highlighted yellow on the previous page. 

AdrianC

The ratios certainly seem to fit the diagram.

If you extend your fenceline, does it roughly hit the corner of that building on A9's plot, as the diagram suggests it should?

Is there any indication of how it lines up with over the road from you?

seradane

moneymattersnatter said:

So, everyone left and I went and got the measurements.  I'm not sure if it helps?! 😳
These pics relate to the corner highlighted yellow on the previous page. 

Thanks for getting those measurements. So the total length is 15.8m, and the part beyond your property is about 1/9 of the total length. If my PDF measure was accurate (major pinch of salt, etc), I was getting roughly 1/7th... (well actually 1/7.55ish) which means that length, based on the title plan, should be about 2.1m, 50cm more than measured... so actually pretty close to the 40cm the developer is asking for.

So my guess would be unfortunately, based on that, the developer is correct in that they've given you too much land. 

Obviously the situation now, as you've been in for some time and spent money on the garden, is not that cut & dried and I'd expect you'd certainly be owed some form of compensation... but it may turn out they are entitled to that land so maybe start having a think about what you might want to negotiate from them if they insist they must have the land back.

frogglet

Those fences do look pretty permanent  a lot of builders usually put very basic fencing round the back boundary.
On a slightly different note, those fences will fall down in a couple of years with all that soil piled up against the panels. For 20k I'd have expected the fence to be replaced with concrete posts and concrete panels at the bottom. In your recent photo from the other side it looks like they are starting to rot at the bottom already.

sgun

frogglet said:

Those fences do look pretty permanent  a lot of builders usually put very basic fencing round the back boundary.
On a slightly different note, those fences will fall down in a couple of years with all that soil piled up against the panels. For 20k I'd have expected the fence to be replaced with concrete posts and concrete panels at the bottom. In your recent photo from the other side it looks like they are starting to rot at the bottom already.

I was thinking the same thing - perhaps the landscapers installed a membrane though (still a bodge but then the fence would last a little bit longer). I will say that although this isn't the topic of the thread this does have some relevance. The landscaper/gardener has said it is a 3.5k-4k fence. Absolutely no way. It just isn't, not the materials used, the way that it has been installed or the overall quality.

 I think the OP might need to very carefully consider what they would take as compensation IF the boundary is in the wrong place and IF the developers offer compensation. At present they seem to be overvaluing things (although of course I haven't seen the specs for the landscaping job) As a caveat - I think the fence is probably in the right place given the measurements and the sight lines. It will be hard to prove either way. It might come down to who has the best legal team, Redrow or Anwyl (or the OP, but that will cost).

moneymattersnatter

The builder told me a 10m fence of the same quality currently costs £1,300.  This is a quote he just had this week.  I don't think he'd lie?  But I didn't think my sales agent, solicitor, conveyancer would be unprofessional either, so you may well be right in highlighting my vulnerability in this! 
Fair play to them, in their defence, they did recommend concrete posts but, honestly, I don't like how they look. He has used a membrane, like someone else said. I'm really grateful for you noting the propensity to rot though. I've often noticed that when it rains it dries last at the bottom. If I we are forced into moving the fence, it will definitely be on my wish list to remedy!  
Thanks again. 

princeofpounds

I will say this again - all this measuring and comparison to the plan is (somewhat) futile. This is not how boundaries are determined. It's not even how surveyors measure land in a boundary dispute to find an official determined boundary - they rely much more upon fixed points of reference and angles, for starters, rather than lengths scaled up/down. I think someone was trying to scale up from the door marker on the plan earlier - pass me the rolling eyes emoji.

You have a registered title plan. You have a fence that to within a reasonable accuracy corresponds to the boundary of that title plan. The developer on the other side has happily built a car park and created their own boundary with the curtilage of their tarmac, showing tacit acceptance of that boundary. Your position at all times should be that you own the land and nothing will move, until you get into legal discussions or mediation. Anything else just has the potential to weaken your position.

It's great that you have legal cover, but don't expect too much from them compared to employing your own boundary specialist. They will often have a tendency to seek amicable settlement as soon as possible and keep costs low for the insurer, although that's not inevitable. I'm not saying settlement is bad, just that you need to find out your full legal position if you were to go to court PLUS be fully satisfied (or at least mostly satisfied) with any settlement that is negotiated.

davidmcn

moneymattersnatter said:

I didn't think my sales agent, solicitor, conveyancer would be unprofessional either,

I'm not sure if you're referring to something else which has gone on, but surely the only "unprofessional" people here are whoever plonked the fence in the wrong place? Your solicitor's letter looks fine to me - correctly pointing out that you need to check what's actually on the ground, they haven't popped round with a tape measure.

badger09

@moneymattersnatter
I'm really sorry you're going through this and don't have any useful advice on your specific boundary issue.
But, I would like to offer some non judgemental, meant-to-be-helpful advice as one of many on here going through stressful house sale/purchases.
Please try to keep your other (undoubtedly deeply traumatic) previous experiences out of your discussions with solicitors & the developers. While it helps explain why this is so difficult for you, it is irrelevant to them and IMHO, will not help you argue your case.
Hope you get this sorted very soon and can relax and enjoy your home.