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Shropshire Homes cheat me out of my land

2

Comments

  • Lady_Lisa81
    Lady_Lisa81 Posts: 3 Newbie
    Thank you for your reply, my solicitor has now told me after 3 months of messing around 'they don't know what to do' so I have reported them to SRA for unprofessionalism. I have chased legal teams directly with both freeholders and management companies, after asking for upfront legal fees, I have now been told it is impossible to assign back to me.
  • aneary
    aneary Posts: 921 Forumite
    You might have a negligence claim with the original solicitor who you instructed when you brought the property originally.

    Did you not see the plot plans prior to exchange?
  • Lady_Lisa81
    Lady_Lisa81 Posts: 3 Newbie
    Thank you for your reply, I did in fact use the developer recommended solicitor, that now looks like the mistake has been made with both mine and my neighbours garden, it appears she does not own hers either.... and surprise same legal firm and solicitor.
  • aneary
    aneary Posts: 921 Forumite
    What about others in the development, if any of them own their garden and the houses are the same size and brought at the same size for the same value you might have some leverage.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
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    moneyistooshorttomention wrote: »
    I guess you mean that it looks as if OP has gone to Shropshire Homes saying "Why are you saying I don't own my own garden?" - rather than telling them/their successor "It's MY land - of course it's my land"?

    That thing about a would-be "adverse possessor" or, in this case, someone looking to follow that route for very different reasons having to look the real owner straight in the eye and say confidently "It's MY land. Of course it's MY land" iyswim - even if it wasn't actually really theirs in the first place (which, obviously, it looks as if it is in OP's case - but just not legally so). ???

    First thing in the morning - and I've not finished my first cup of coffee of the day yet - so hope that's coming over clearly...

    Jesus Christ. Please stop it. You have no idea how anything works. None at all. You have been told what adverse possession is but you persist in carrying on like it is just a matter of shouting the loudest.

    How is it THEIR land if they never legally bought it? Because it said in the sales pitch there was a garden? Give it a rest, please. You contribute nothing of value, ever.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
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    edited 17 July 2017 at 9:39AM
    aneary wrote: »
    What about others in the development, if any of them own their garden and the houses are the same size and brought at the same size for the same value you might have some leverage.

    I don't really see how. They went through a detailed legal transaction and agreed to buy what they were sold. What other people bought is immaterial.

    It seems clear that the original developer intended to sell them the garden; that is not in dispute. The stumbling point appears to be that the original developers have sold the land on and the new owners are saying that the legal costs and hassle of varying every lease on the estate (I am not exactly sure why this would be necessary, but they claim it is) is not something that they intend to pay for. Which is fair enough as it wasn't their mistake.

    The new owners can't be forced to give them the land. They may be willing to if the OP pays all their legal costs.

    Ultimately I can only imagine that the OP trusted the solicitor and didn't check that the land they were buying included the garden. I don't think that it's the solicitor's job to point this out, so I am not sure they have been negligent. They may well have sent the plans to the OP and said "is this what you think you are buying?" and got back a "yes". And that just leaves the burden on the OP, unfortunately.
  • The_Logans
    The_Logans Posts: 247 Forumite
    Don't you get a copy of the deeds with the boundary marked showing where your property starts and ends? We've gone through house purchases 4 times now and we've always been sent a copy of the deeds with a plan showing the property boundary that we have to sign and return to show agreement. Is this not always the case?
  • Ozzuk
    Ozzuk Posts: 1,884 Forumite
    First Anniversary First Post
    Do you have legal cover on your insurance? They may take this on for you, I had to once take action against a solicitor who didn't notice a land issue - I believe the legal bill was massive (tens of thousands) but the legal cover dealt with it all.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    edited 17 July 2017 at 11:33AM
    Ozzuk wrote: »
    Do you have legal cover on your insurance? They may take this on for you, I had to once take action against a solicitor who didn't notice a land issue - I believe the legal bill was massive (tens of thousands) but the legal cover dealt with it all.

    They would have to establish the solicitor has a case to answer first. If the solicitor has sent them the plans and they have agreed that's what they are buying, the solicitor has not done anything wrong. It's not down to the solicitor to point out that there's no garden.
  • jimbog
    jimbog Posts: 2,113 Forumite
    First Anniversary Name Dropper First Post
    Repeating GM's question. What does the contract say?
    Gather ye rosebuds while ye may
This discussion has been closed.
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