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Developer moving fence line

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Comments

  • Davesnave
    Davesnave Posts: 34,741
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    edited 9 May 2018 at 7:16AM

    It does sound like, as far as you are concerned, you genuinely believed all of that garden is yours. Well - you've bought it that way now and it's up to the builder and neighbour to discuss between them whether their garden is or isn't the size it's due to be. If anyone gets compensated - it's the neighbour - because it's the neighbour that is in in this situation.

    Personally - I'd say to both of them "Nothing to do with me - sort it out between yourselves".
    I don't follow your reasoning.

    If the OP had complained that they'd been sold too small a garden, you'd have told them to check they'd received what was shown on the title plan.

    So surely the converse applies.

    What the OP genuinely believes is relevant here if they've reviewed the evidence correctly. They appear to have done that to some extent, questioned what they saw, but then reported the discrepancy to the wrong people; the sales staff.

    A discrepancy the size of a reasonably large living room wouldn't tend to go unnoticed on most new builds.

    Our message on this board is usually to check what's on the ground against the legal plan and report any thing that doesn't seem right to the conveyancer, who doesn't view the plot at all. It's the same here.

    On the matter of compensation, I think the builder might do something by way of good will, because one or more of their employees/agents made a mistake. However, the OP should bear in mind they also made an error in the way they handled the discovery of the discrepancy.
  • BeckyAP
    BeckyAP Posts: 50 Forumite
    I had something similar with a fence around my front garden and the neighbours.
    About 3 months in we both got letters through the door saying the fence had been put in the wrong place and would have to be moved in order to comply with the Land Registry plans.
    I'm really pleased they picked that up now and not when I come to sell and the buyer or their solictor notices the plot doesn't match the plan!!
  • silvercar
    silvercar Posts: 46,865
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    So much for "possession is nine tenths of the law".
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,877
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    silvercar wrote: »
    So much for "possession is nine tenths of the law".
    But they might not possess it.
  • silvercar
    silvercar Posts: 46,865
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    But they might not possess it.

    Generally you possess your garden if you surround it by a fence.

    Their claim may be easier to make if they quickly put some sheds on it.

    OP, do you have legal cover with your household insurance? May be worth a quick phone call.

    Employees of the vendor have given false information, which has led to the purchaser making a decision to buy that particular house. there must be some liability.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • davidmcn
    davidmcn Posts: 23,596
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    silvercar wrote: »
    Employees of the vendor have given false information, which has led to the purchaser making a decision to buy that particular house. there must be some liability.
    Purchaser has seen title plan (presumably before exchanging contracts). Purchaser has had benefit of independent legal advice. Purchaser has admitted that they thought there was a discrepancy between the plans and the layout on the ground. Purchaser's valuation (and/or their lender's) was probably on the basis of the plans rather than the actual layout of the fencing. 20 square metres of garden probably makes little difference to valuation anyway.
  • agrinnall
    agrinnall Posts: 23,344
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    silvercar wrote: »
    Generally you possess your garden if you surround it by a fence.

    Their claim may be easier to make if they quickly put some sheds on it.

    The OP would have to occupy the land for 10 years with no claim from the rightful owners before they could make a claim for adverse possession, and then occupy it for a further 2 years before being permitted to register as owner. Doesn't sound like it's going to happen in this case.

    https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land
  • silvercar
    silvercar Posts: 46,865
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    davidmcn wrote: »
    Purchaser has seen title plan (presumably before exchanging contracts). Purchaser has had benefit of independent legal advice. Purchaser has admitted that they thought there was a discrepancy between the plans and the layout on the ground. Purchaser's valuation (and/or their lender's) was probably on the basis of the plans rather than the actual layout of the fencing. 20 square metres of garden probably makes little difference to valuation anyway.
    agrinnall wrote: »
    The OP would have to occupy the land for 10 years with no claim from the rightful owners before they could make a claim for adverse possession, and then occupy it for a further 2 years before being permitted to register as owner. Doesn't sound like it's going to happen in this case.

    https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

    I was think of an ex gratia payment from the builder, rather than keeping the land.

    I would be annoyed if I walked round a development and chose the plot with the best garden size, then only found out much later after querying with an employee of the seller, that the garden wasn't what I had been led to believe.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • silvercar wrote: »
    I was think of an ex gratia payment from the builder, rather than keeping the land.

    I would be annoyed if I walked round a development and chose the plot with the best garden size, then only found out much later after querying with an employee of the seller, that the garden wasn't what I had been led to believe.

    Well you are not buying a car or a television, you are buying a house. In a house purchase you cannot place any value on anything anyone tells you that isn't written into the contract. People really need to understand this instead of complaining after the event about what estate agents or developers may have said.

    From a customer service point of view the developer might want to do something, but the legal contract for the house purchase is a different thing.
  • davidmcn
    davidmcn Posts: 23,596
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    silvercar wrote: »
    then only found out much later after querying with an employee of the seller, that the garden wasn't what I had been led to believe.
    It's only become "much later" because you were too daft to mention it to your solicitor.
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