Property developer trying to take land back from young family

Pshpp1

Bovis Homes sold us a house two and a half years ago, and now they're trying to take land back from us to sell to someone else! We’re at a loss as to what to do.

 

We purchased a new home from Bovis Homes in December 2018. The house was complete before we exchanged contracts, including the garden and fence line. Prior to reserving the plot, in November 2018, we were showed around the house and the property. When we reserved and paid the reservation fee (which I think was £500) I signed a checklist with the Bovis sales manager which indicates that we have seen the property, that the garden is "as seen" and that the boundary is defined by the "fences". I remember clearly standing in one of the bedroom windows, looking out at the garden (which was full of weeds) and the salesperson saying “this is what you get”.

There is a Transfer Plan as part of the sale, and the garden on the transfer plan is a very good match to the garden on our house, although I didn't go out with a tape measure because... well, Bovis put the fence there, told me it as correct and that it was the boundary, and the Transfer plan is tiny!

Since we moved in, we employed a local gardener to install some decking for us, put up a shed, and dig borders which we've filled with plants - two years later the garden is looking nice and like a family home. We spent a reasonable amount of money on it, but want it to be nice – with two small children we tend to spend more time at home than we used to.

The two plots behind our house (40 and 41) have only just been developed, and put on the market for sale.

In April 2021, as we are just coming out of lockdown and looking forward to enjoying our garden with friends, the Bovis Site Manager came to our door unannounced, and told my wife that the fences were in the wrong place, would have to be moved and wanted to know when the work could take place. He handed my wife a plan of the plot, onto which had been sketched some items from our garden (the decking, some plants, the shed). He told us that he had peered over the fence to sketch what was in the garden, and there was a highlighted area that needed to be changed. We have no idea when he was looking into our garden, whether our small children were playing while he sketched... it made us feel very uncomfortable. To add to that, the proposed “correct” fence line will destroy part of the decking, the shed, and the borders. The site manager said not to worry, as Bovis would do all the work to move everything for us. He went on to suggest that they were doing us a favour, because if Land Registry found out that the fence was in the wrong place, we could be in real trouble...

We did not permit Bovis to make any changes to our property. I downloaded the Title Plan for the property, and also discussed the situation with Land Registry, who were really helpful. The Title Plan matches perfectly our fence line as seen on Google Maps satellite view, and Ordnance Survey. I told Bovis this, hoping that they would understand their mistake and apologies, and leave us in peace.

The image above is the Title Plan from Land Registry overlaid on the Google Maps satellite image.

Since then they have sent more senior people to talk to us, and I have had several phone conversations and email exchanges with one of their Director. They have progressed to the point where they have threatened to "rip down" our fence, as they maintain that it is on their land, and they have also threatened to contract a fencing company to install "the correct" fence inside the edges of our garden.

On the phone the Director told me that they have already exchanged contracts with the people buying the plot behind us, and their contract shows a difference fenceline, so there really isn't anything that we can do to stop the changes. He said that they are buying a big house and the garden is quite small so when they have looked at the Transfer Plan and decided that it is fractionally different, Bovis have agreed to take land from us and sell it on to them. Further he has said that Bovis' solicitors will make Land Registry change our Title Plan without our permission.

It feels to us like Bovis are choosing the path of most resistance – the most convoluted solution to a problem (if it even is a problem) that’s of their own making.

In short, we were sold a plot of land with a house on it, and now the Developer who sold it to us is trying to take some back to sell it again. They are threatening us with property damage and trespass. We have two small children (3 yrs, and 6 months), and just want to be able to enjoy the property as we have for the last couple of years!

Any advice is really welcome.

davilown

To put your mind at rest, they can’t change the land registry - it is what it is as the mortgage company won’t allow them to without their permission (and of course yours). 

There’s a similar thread to this somewhere on here that hopefully someone else will post.

user1977

What you own is what is shown on the Land Registry title. So the question is simply whether that matches where the fences are. What you were "sold", and what the reservation form said, aren't really all that relevant (and neither is the fact you have children!). But if your overlay is to be believed, there isn't a discrepancy, so I think you're entitled to dig your heels in pending any more convincing evidence from Bovis.

Martin_the_Unjust

davilown said:

To put your mind at rest, they can’t change the land registry - it is what it is as the mortgage company won’t allow them to without their permission (and of course yours). 

There’s a similar thread to this somewhere on here that hopefully someone else will post.

This one?  https://forums.moneysavingexpert.com/discussion/6235872/18mo-after-moving-into-new-build-told-our-garden-fence-temporary-will-now-lose-31-5msq/p18

Worth a read OP

princeofpounds

Gosh - you can tell they are trying some really shady tactics by talking about nonsense like 'you could be in trouble with the land registry' and 'our contract with a different party shows a different fenceline' and 'we will make changes to your title plan without permission'. 

I suspect that Bovis haven't got a leg to stand on here. The physical boundaries (which are in many ways most important) are very clear and they match on the title plan (which is only used to indicate the general location of the boundaries). 

Anyway, first things first - do you have legal cover on your house insurance? I hope so. This is very much the kind of thing that it is designed for. Legal representation would be a big plus, because if Bovis receive a solicitor's letter telling them to keep away, then a lot of the bluster designed to get you to informally acquiesce will fall away and you can concentrate on the real legal arguments (if there are any).

If they do turn up and start trying to move things, call the police and tell them you are trying to eject them from your land and you are concerned about a breach of the peace and criminal damage occurring. Video them being told to get off your land. You can even use reasonable force to remove them if you feel like it.

Plus, if the PR department for Bovis are listening - behaving like mobsters isn't going to look good for you in the press, or encourage people to buy your properties if you seek to revise their boundaries years after purchase.

Finally, there was a thread on here with similar circumstances not too long ago - started with similar assertions and the building company seemed to back down over time and look for other ways to solve their problem. I'm sure someone will link to it shortly.

(Edit - cross posted with that link whilst I was writing).

lonibra

OP you have explained this really well. In your place I would email a few of the tabloids a link of this thread and ask if they can help. In all seriousness, it could make a good story and get the attention of Bovis far quicker than writing them letters.

While at it, I would also draft a letter to your local MP and councilor asking for help in getting Bovis to be reasonable.

All the best.

Pshpp1

user1977 said:

What you own is what is shown on the Land Registry title. So the question is simply whether that matches where the fences are. What you were "sold", and what the reservation form said, aren't really all that relevant (and neither is the fact you have children!). But if your overlay is to be believed, there isn't a discrepancy, so I think you're entitled to dig your heels in pending any more convincing evidence from Bovis.

Thanks for this reply. You're right, it isn't relevant that we have kids, but it is hard for me not to feel personally invested in this. I didn't even mention that there are two trees that my son and I planted together in memory of my grandmother, and that they won't survive being moved in the summer heat... 
The Customer Care Director told me on the phone on a Friday evening as he was driving home and I was trying to sort dinner than he wanted this problem solved because "he had better things to think about and spend his time on". My wife and I worried about it for the rest of the weekend, on our own time... I wonder if he did?
I'll try to keep the personal side out of the narrative in future thanks, and thanks for the backing on Land Registry

SameOldRoundabout

Sounds to me like they’re hoping to win by bullying you. First thing to do is check your home insurance for legal protection and give them a call. This is something that ideally solicitors would sort out on your behalf, plus it’ll also remove the bullying element from communications. Good luck! 

AdrianC

Pshpp1 said:

The Customer Care Director told me on the phone on a Friday evening as he was driving home and I was trying to sort dinner than he wanted this problem solved because "he had better things to think about and spend his time on".

To which the only answer is...
"Well, since you're the only ones who think there's an issue here, and you're the only ones wanting things to change, then if you don't give a toss, why are we even having this conversation? Bye. Don't bother calling again."

powerful_Rogue

Given what you have posted, I would love to be in a dispute like this as it seems you are clearly in the right. Even if they did take you to court, it's on the balance of probabilities - Just look at the land registry outline ontop of Google Earth!

Don't let them ruin your family life by worrying.  Don't let them bully you. If they say again "We'll instruct a fencing company to remove the fence and put it in the right place", advise them that the police will be called to prevent a BOTP and also the potential criminal damage aspect (as another post above rightly pointed out).

I would also invest in a security camera. Can get them on Amazon for around £15. Shove an SD card in, leave it in a rear window recording.

Also mentioned above, do you have legal cover with your insurance?

Worth reading the linked thread. Was a thrilling read with a great outcome, however they did seem to act a bit more professional then Bovis.

powerful_Rogue

OP, you might want to crop out the road name on the google maps image. Otherwise we all know your house number and street.