Property developer trying to take land back from young family

Getting_greyer

Best of luck OP.  Hate these firms that try and exploit people. 

UnderOffer

The area that Bovis are trying to claim looks so small and surely would not make a huge difference to the recently sold neighbours plot? Hardly seems worth their while pursuing this. Please keep us updated. 

dani17

I can feel your pain. I got a dispute with my two neighbours during which they were collaborating togother in a very disgussting way to make us pay for some work. 
I personally would be clear with them that if they don't stop I will report to the police for the harrasing they are doing. A lot of people think that by bullying they will get whatever they want and unfortenately you need to be rude to stop them.

Section62

Pshpp1 said:

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.

You shouldn't rely on the apparent match as proof of your claim. Aerial photographs are pictures rather than maps/plans and typically aren't accurate enough for your purpose.

Providers like Google use digital image processing to adjust the aerial photograph to give a 'best fit' to whatever mapping 'grid' is in use. However, because the original photograph can only be taken directly above one point on the ground, everything else on the photograph is what is known as 'oblique'.  In other words, rather than only seeing rooves, the buildings further away from the point the photo was taken will also have the facades visible.

Matching aerial photographs to maps/plans has to be done with more sophisticated techniques than simply overlaying one on the other.

This can be seen in your own example, where although you've matched the fence line, the OS outlines of your house and the neighbour's don't match the photograph at the front of the buildings.

With the technique you've used, you could equally prove the developer's point by redoing the overlay with the OS mapping matching at the front of your house - which would suggest the fence line at the back of your garden was about a metre out in your favour.

What matters is the plan produced by the developer showing the land being sold to you (as a contractual document), and (hopefully) as submitted to the Land Registry. That will be far more accurate than either the OS extract or Google aerial photographs.

Section62

deannagone said:

Also PLEASE read that thread link.  Something very similar happened there.  And was resolved to the property owners satisfaction, as it should have been.

I'm not sure that is an accurate assessment of the current situation for the other OP.

In that case the second developer has effectively shrugged, and cracked on with building the neighbouring house.  There has been no resolution of the legal situation regarding the correct boundary position, and whilst the second developer has (unofficially?) said they won't dispute the boundary fence position, it doesn't prevent a future owner of the neighbouring property from discovering the error and trying to claim 'their' land back from the other OP. That point was made fairly early on in the thread.

The same applies for the OP of this thread. If the developer has made an error in setting out the boundaries they need to be corrected or 'legalised' as they are. That's particularly important as it appears one of the incorrect boundaries is with the land to the side where an estate road has been constructed. Being clear about who owns and is responsible for what land next to a road is very important with a new-build development.

Jumblebumble

Pshpp1 said:

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.

To add to the excelent advice you have received from other posters I would add
I would not allow Bovis to do any work in moving you as they will do the cheapest possible job and you will have not much comeback if they mess up.
You do need to sort this as if and when you sell you may have issues and have to declare an unresolved dispute
Tell them to put everything in writing and not to phone you again  (i go by the mantra that  even the most stupid person thinks a bit more about what they are saying if they have to put in writing vs a phone call)
Apologise about being awkward in not taking phone calls but say this is what your legal advisor has mandated

edgex

Check the planning permission documents, they may have the fence line noted.

Because you have got the street name on one of your images, it was pretty easy to find the development.
Which does make Bovis created images/maps/videos available, which is what these images are from;



Can see that there were some changes to the house types between the video being uploaded in November 2019 (2nd pic) & the map in the brochure with no date (1st pic), which has affected the garden shapes.
But, in both, your rear boundary/fence lines up with the rear boundary of 69. It's not majorly offset.




Why do they think that purple hatched area is wrong? (the one nearest the garage)
If you look at the brochure map above, & the plan above, the fence-line between 40 & 41 is a continuation of the side wall of 41 & then all 3 boundary lines meet at the same point.
Looking at your overhead image, that's what has been built. You can see how it lines up with the foundations.

Section62

user1977 said:

I doubt this is going to be a worthwhile use of anybody's time - as far as the lender is concerned, they've got a valid security (and it appears they still do). They don't need to take an interest unless and until somebody comes to them seeking their consent to changing anything on the registered title.

Agreed.  And if anything, having legally dubious boundaries and the future risk of boundary disputes with the neighbours is the only thing which could affect the security they hold - so getting the boundaries regularised (if necessary) as quickly as possible (and not necessarily to the OP's benefit) is more likely to be their priority if they were to show any interest in the matter.

Section62

princeofpounds said:

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'

There could be some nuance involved here, and the exact wording used makes a difference between it being nonsense and sensible advice.

Whilst nobody will be 'in trouble' with the Land Registry, it is true to say that errors in setting out the boundaries would cause Land Registry 'problems'.

robatwork

They've made a mistake and are hoping to corral you into fixing it at almost no cost to them.

If they offered you £100,000 to take back that sliver, you'd jump at it.

So the question is - what is that land worth to you? When you've come up with an adequate figure, let them know it, in writing.