Boundary issue

canaldumidi

alpin_demi said:

.....Now my garden at the time looked exactly as shown on the deed plan.

...... apparently my fence now has to be moved to make the property behinds garden match the deep plan. According to the deep plan at the time of purchase my garden looked exactly like shown on the plan.....

What Plans are you looking at?

In terms of what you bought, and what you now own, what matters is not the developers building Plans or simikar, what matters is the Title Plan registered in your name at the Land Registry.

Have you got a copy of that? If not, it's £3 from here.

As woolsery says above, these are not very precise, so much will depend on how much they wanttomove the fence by, and whether there are nearby fixed physical objects that can be used to match against where the fence is, where they want the fence to be, and where the LR Plans indicate the fence should be.

user1977

canaldumidi said:

alpin_demi said:

.....Now my garden at the time looked exactly as shown on the deed plan.

...... apparently my fence now has to be moved to make the property behinds garden match the deep plan. According to the deep plan at the time of purchase my garden looked exactly like shown on the plan.....

What Plans are you looking at?

In terms of what you bought, and what you now own, what matters is not the developers building Plans or simikar, what matters is the Title Plan registered in your name at the Land Registry.

Have you got a copy of that? If not, it's £3 from here.

Only if it's completed registration, which I think is unlikely after 5 months, particularly if the remainder of the development is ongoing

daveyjp

Keep the dialogue going, but time to be professional, for which you may need advice.

Check and double check the deed plan and fence line and if it is correct write back advising then of this.

If they disagree you require the evidence they are relying on by return and confirmation they will pay your legal and surveyors costs dealing with the matter.

If they are correct decide if £500 is enough.

pinkshoes

Could you draw a sketch?

It seems an awful lot of trouble to go to just to take 2ft off the end of your garden to extend the other garden by 2ft!

As above, download the deeds for BOTH properties from the land registry and see if you can prove the fence is in the correct position. e.g. measure the distance from your house to the fence, and the distance from their house to the fence. Do the ratios match up? 

I would be letting the developer know that you believe the boundary line to be correct, so they need to provide evidence that it is in the incorrect place before touching YOUR fence.

Slithery

As user1977 has mentioned above if these are recent new builds then there's a very good chance that the title plans won't be on the LR website yet. I believe that TP1's are taking around a year at the moment.

R3dders

I'm sure there has been a similar thread on this topic around 12-18 months ago that ended on a positive note.  May be worth doing a search.  Good luck.

Woolsery

R3dders said:

I'm sure there has been a similar thread on this topic around 12-18 months ago that ended on a positive note.  May be worth doing a search.  Good luck.

I'm sure there was too, but every case will be unique to some extent.

What seems to be fairly common is the unhelpful approach of some companies when problems arise post-sale. Suddenly, people discover the information they were led  to rely-upon doesn't actually carry any legal weight, or at least they're told it doesn't. Been there, done that and won, but only because I was clever enough to exploit a mistake the company made in its paperwork. Not an equal fight for someone less able to deal with that kind of argument.

saajan_12

Threads worth a read: 
18mo after moving into new build, told our garden fence temporary, will now lose 31.5msq — MoneySavingExpert Forum
Property developer trying to take land back from young family — MoneySavingExpert Forum

Section62

saajan_12 said:

Threads worth a read: 

No final outcome on either of those yet?

There was another one I recall in the last year or so where the builder decided to move the rear fence just as the family were moving in... pictures of excavators etc in the back garden while they rebuilt a small retaining wall.

Section62

canaldumidi said:

alpin_demi said:

.....Now my garden at the time looked exactly as shown on the deed plan.

...... apparently my fence now has to be moved to make the property behinds garden match the deep plan. According to the deep plan at the time of purchase my garden looked exactly like shown on the plan.....

What Plans are you looking at?

In terms of what you bought, and what you now own, what matters is not the developers building Plans or simikar, what matters is the Title Plan registered in your name at the Land Registry.

The developer would almost certainly have used the same digital model (CAD) for the drawings through the planning process, building control, construction etc.... and unless they paid a surveyor to go out and re-survey the boundaries as-built, the contract and transfer plans would likely have been based on the same data, subject to any revisions they made through the process.

Unlike the determined boundary process for a 400 year old cottage, in the case of new build the developer has a sub-millimetre 'plan' of what was being sold... and unless something went very wrong, that should/would have formed the basis of the transfer and Title Plan.

Am I right in thinking the £3 only gets you a 'fat' line drawn on an OS 1:1250 mapbase these days?  If so, it can't really help determine the position of the boundary +/- the 600mm 'error' in this case.