Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Cloud7
    • By Cloud7 25th Apr 18, 2:39 PM
    • 6Posts
    • 2Thanks
    Cloud7
    New House Boundary Issue
    • #1
    • 25th Apr 18, 2:39 PM
    New House Boundary Issue 25th Apr 18 at 2:39 PM
    Hi there Folks, I am new to the forum,
    Here's hoping someone can advice on this one

    Recently we went through the process of buying a new home and signed a very small representation of a plan for the boundaries for it. Along with this plan, we also agreed to a covenant basically binding us to not do anything with the front of the front garden. Within in it there was also a note " The developer reserves the right to change the boundaries" There is/was no set time limit within the documentation on when they can actually do this though.

    So after a year of living in our new home, we have just had a letter off the developer stating that "They have retained a small slither of land" at the front of the front garden. They now wish to mark this "slither" of land,...so the council will adopt the road.

    This slither does not show up and is "not identified" within the plan we signed for.
    The plot has not been adopted by the land registry either.

    We have spoken and emailed both the developer and solicitor with regards to this and they basically said that the plan is a clear representation of the plot and we signed it.
    To be clear The plan is not at all clear, and does not show the slither of land, the developer have mentioned at all...

    Interestingly next door have also been told the same thing, and will potentially lose more land than we will, they were told of the slither and received plans with the "slither on, we were not told and did not receive any plans. We were told the land was ours, up to the foot path.
    Furthermore the solicitor has stated today this is an after sales issue and Developer will be sorting out and not their job to sort out.

    Potentially the slither may result in only a small piece being taken, but the small diagram we have received, is very much open to interpretation, they could take more they could take less.

    On principal we believe we have been mis-sold and property has been mis-represented, we appreciate they have a right to potentially change the boundaries to a certain extent, but after a year and to what extent, I think is extremely misleading and frankly unfair.

    Our question really is, where do we stand legally, can we challenge this, do we have to accept this?
    Does the developer, indeed have a right to change the boundaries after a year or indeed indefinitely?

    Any advise would be greatly appreciated

    Much regards

    Martin
    Last edited by Cloud7; 25-04-2018 at 2:56 PM.
Page 2
    • ProDave
    • By ProDave 26th Apr 18, 9:04 AM
    • 996 Posts
    • 1,126 Thanks
    ProDave
    That sounds worth checking on - ie what those building regs state.

    Admits to following this thread with interest - because I have the original plans for my road and they show it was designed in to have a "line of sight" for vehicles coming off my property (and that "line of sight" is substantially blocked by a neighbours tall plant). Though maybe roads built a bit back and/or that are unadopted don't have any "means of enforcement"? This might be an adopted road only and/or more modern road only thing? Or - maybe there isnt any legally enforceable thing about roads like this regardless - and I wonder if that would apply to OP's road?
    Originally posted by moneyistooshorttomention
    We are taking the tread a bit off topic.

    A visibility splay is a set size depending on the speed limit on the road. When we got PP to build our house the visibility splay included parts of both of our neighbours gardens. I raised the issue about what happens if a neighbour plants a tree and blocks it and I was told if that happens, report it to highways and they will remove th obstruction.
    • silvercar
    • By silvercar 26th Apr 18, 9:18 AM
    • 37,558 Posts
    • 158,081 Thanks
    silvercar
    We are taking the tread a bit off topic.

    A visibility splay is a set size depending on the speed limit on the road. When we got PP to build our house the visibility splay included parts of both of our neighbours gardens. I raised the issue about what happens if a neighbour plants a tree and blocks it and I was told if that happens, report it to highways and they will remove th obstruction.
    Originally posted by ProDave
    So one option is to reduce the speed limit on the road?
    • Cloud7
    • By Cloud7 11th Aug 18, 6:55 PM
    • 6 Posts
    • 2 Thanks
    Cloud7
    HI folks,

    An update, we've just recently received a new plan,....which we did not sign for....
    From this we were able to get an idea of the measurements although still no word from the developer on actual dimensions, so have worked out roughly according to the scale of new diagram we've received
    It works out with our rectangular garden, a piece measuring roughly 2.2m by 4m, they are saying they still retain/will be retained by them, nowhere in original diagram we signed when buying was this area mentioned what so ever..

    As I say any advice would be helpful please.
    • Davesnave
    • By Davesnave 11th Aug 18, 7:27 PM
    • 25,874 Posts
    • 94,222 Thanks
    Davesnave

    As I say any advice would be helpful please.
    Originally posted by Cloud7
    I can't see that anything's changed. You agreed to a clause allowing the developer to amend the front of the plot, if necessary, and it's turned out that's what they must do to meet planning requirements.

    You can barter with them, but I don't think your legal position looks strong. They will argue that you were warned this might happen.

    Did you use the developer's recommended solicitor, or one you found for yourself ?
    I might be old, but I got to see a lot of good bands...
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

116Posts Today

2,281Users online

Martin's Twitter
  • Ta ta... for now. This August, as I try and do every few yrs, I'm lucky enough to be taking a sabbatical. No work,? https://t.co/Xx4R3eLhFG

  • RT @lethalbrignull: @MartinSLewis I've been sitting here for a good while trying to decide my answer to this, feeling grateful for living i?

  • Early days but currently it's exactly 50 50 in liberality v democracy, with younger people more liberal, older more? https://t.co/YwJr4izuIj

  • Follow Martin