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new build fence issue

(30 Posts)
mummy3pups Fri 01-Apr-16 14:29:00

hiya everyone, any suggestions or experience with this would be great x

I have put a deposit on a new build, exchanged and waiting to complete. The two houses either side are now been lived in and there is a tiny fence either side to show front gardens. I noticed a few weeks ago that on my land registry the fence to one side is in a different place and gives me more front garden, on another plan I found the fence shows it in the place it is now.

I informed my solicitor to find out which was correct and the building company got back saying yes they agree to take the current fence down and that we own the land within our land registry border (the one showing more garden) but refuse point blank to move the fence and are just going to leave it "open plan" in case they "upset the neighbours".

Both me and my solicitor feel this is an odd reply and my solicitor has got back to them to ask if the neighbours land registry reflects ours and suggested I go and knock at my neighbours door and ask very politely if they are aware of the situation and if they believe the fence is in the right place or not by there land registry entry.

Question is, do I do this? or just keep going with the builders solicitor to try and see if 1. there land registry shows its mine as well 2. have they been made aware that it is mine. They are taking forever to reply back and been very frosty with us.

Once I move in I am planning to put some sort or tiny fence back up as I would like a flower border round the front garden so I would like it sorted. I'm not bothered to be honest which it should be, it's not a massive difference as long as we sort it out so its correct on both entries, legal and everybody knows where they stand.

Thanks, sorry for ramble so grr this has come up on my plot out of 100 I hate having to rock the boat!!!

wowfudge Fri 01-Apr-16 14:33:15

Is the title plan for the neighbour's plot not available from the Land Registry yet?

mummy3pups Fri 01-Apr-16 14:37:44

Hiya thanks for replying my friend suggested this, I typed it in and yes it is available, but I'm worried if I bought it they would be informed some how and it would look sneaky on my part and they would be annoyed?! Or am I been daft?

AveEldon Fri 01-Apr-16 14:42:53

you are being daft
if you don't want to order it yourself get your solicitor to do it

mummy3pups Fri 01-Apr-16 14:45:41

thanks so worried about starting a bad thing with the neighbours :$ I wondered why my solicitor didn't do that herself? will have to ring her and ask, thanks again

SavoyCabbage Fri 01-Apr-16 14:51:02

We had a border issue similar to this when we bought a new build. It was an absolute night,are to sort out as nobody owned what they thought they did and in the end we ended up having to sell our house back to the builder 18 months later and move into a house on a different development! We couldn't sell it in the normal way as we didn't have the land that was on the land registry.

So don't let them flannel you.

mummy3pups Fri 01-Apr-16 15:13:13

Oh no, poor you!! nightmare!!!! I've checked all the other borders and they are where they are meant to be on my entry and both sides have been moved in a while now and I've not had any contact that anyone has a problem, so hoping its just this one little bit of fence. (hoping)

Think I may speak to the neighbours, hopefully we can get it sorted, if there registry shows that its mine as well surely that should be it?? I'm just worried in case it shows its there's, then it will be crap!

Also, want to at least make them aware of the situation as to me it seems like they are trying to not let next door know, like not moving the fence, I think they could get away with just taking the tiny fence out as they might think "oh there doing there bit of garden" whatever, but if they moved it onto what they think is there garden then obviously they would be down the site office to see what is going on. IYSWIM??

Also went in sales office the other day to see if I could speak to the site manager about not just moving the fence, was denied access to him, then when I said "oh ok, might just have to see what the neighbours say then and go from there" she looked horrified and went off saying what a stupid thing for the solicitor to suggest and made it clear (about 3 times!) that I shouldn't speak to the neighbours and they would sort everything out, which there not. hmmm???

mummy3pups Fri 01-Apr-16 15:18:17

will still get their land registry as well, just so I can see for myself if needed x

CookieDoughKid Fri 01-Apr-16 15:23:23

If it was me I'd cause a storm and refuse to complete until this sorted and you have every right to alert th ed neighbours as they NEED to know about this. You are in the most power position to get this sorted as once you are complete , you'll have no realistic chance.

mummy3pups Fri 01-Apr-16 15:30:21

Thanks for replying, getting SO nervous now!! just been reading horror stories on the net! I thought about saying I wouldn't complete until its sorted and my solicitor turned round and said "no, when they say they are ready to complete, you HAVE to complete!" So I thought oh there goes that bargaining tool out the window, that with how unhelpful the builders are been (sales staff, not aloud to see site manager apparently, and there solicitors just acting like kids, "no, we won't do it!") feel so powerless and feel like my only option is to polite and friendly to the neighbour and pray there nice people!! ;(((

mummy3pups Fri 01-Apr-16 15:30:59

"allowed" sorry! x

wowfudge Fri 01-Apr-16 15:44:02

Get the title plan and if it reflects yours then there should be no issue. No point worrying unnecessarily at this stage.

mummy3pups Fri 01-Apr-16 15:47:23

Yes, thanks sound advice, hopefully it will all go well x

zipzap Fri 01-Apr-16 18:00:12

Is the solicitor one that you found or one that was recommended by the developers in which case she might not want to rock the boat?

If it's the latter then it might be worth pointing out (nicely!) that you are paying her and you'd like her to sort things out asyou ask!!

SavoyCabbage Fri 01-Apr-16 18:22:22

Keep at the sales office woman and the site manager. They should be the ones who are approaching the neighbour and getting the fence moved. Do not give in.

mummy3pups Fri 01-Apr-16 20:30:31

Thanks for the replies people x my solicitor is one I picked, she found out for me that the bigger garden is right and is currently still arguing for the fence to be put up in the correct place but she said they just won't budge and refuse saying they don't want to upset the neighbours (builders solicitors that is) she has also just emailed them the other day to ask them if the neighbours boundary agrees with mine, but they took forever to reply last time so don't know when they will answer back. Have been refused to speak, get a call back or a meeting with the site manager twice, they won't even give me his number. The sales office is useless and won't do anything saying every query has to go through there solicitors. So frustrating x

Timeforacatnap Fri 01-Apr-16 20:47:09

Not been in this situation but have you spoken to the head office of the builder?

SavoyCabbage Fri 01-Apr-16 21:17:27

If they 'won't budge' then don't proceed. If my experience is anything to go by then you would have huge problems if you ever want to sell.

mummy3pups Sat 02-Apr-16 07:22:59

OK, so plan for today, I will pay for plans for next doors boundary and see what the deal is, if it shows the same as my plan I will go past the house and see if the fence has been taken down as they have agreed. If not I will be ringing head office to find out why. (Thanks Timeforacatnap x)

Then I will knock at neighbours and very polietly ask if they have been informed of the mistake? (They will find out once I move in anyway and feel if they find out now the builders will get any flack, not me) If they are aware I will ask if they don't mind the fence been moved?

Then I can get my solicitor to get back saying the neighbours do not object to the new fence please put one back up.

If the plan shows a different one to mine I will have to inform my solicitor and tell them they have to sort it! Phew!! Wish me luck people x

SavoyCabbage it has crossed my mind to back out if it doesn't bode well, but as I've exchanged I'm not sure where I stand, regard loosing money etc, obviously if it gets in to a bigger problem it may be worth loosing money rather than having a house I cant sellx

CookieDoughKid Sat 02-Apr-16 12:04:00

I think you'll have issues selling in future if you don't get this sorted either. I'm buying but this would put me off.

cakeycakeface Sat 02-Apr-16 12:28:08

We have just experienced something sort of along your lines. Our property has right of access across the plot of land in front of us, which means no one can build or do anything to obstruct our access even if they own it. The plot owner wanted to put a garage on our access and we blocked it. Turns out his title does not show our right of access, so the person who sold it to him screwed up. We've done nothing wrong.

Is it possible that your neighbour believes they own that land? (You'll find out soon). If they don't it's really odd the developer is tippy-toeing around them. I think the developer may be trying to cover his ass and avoid possibly being held liable for this?

I think you need to do exactly as you say above. If the neighbours are sensible, they'll not blame you but they might be livid with developer. Sounds like the developer deserves that too.

evrybuddy Sat 02-Apr-16 14:20:07

I am not a lawyer but logic would tell me that your solicitor shouldn't be telling you this:

"no, when they say they are ready to complete, you HAVE to complete!"

At the moment, you've exchanged - (how did that happen with this problem in existence? did your solicitor know at that point?) on a property which has since been fundamentally altered - you could argue this invalidates the exchange/contract - I'm not sure your current solicitor is the person to sort that out for you - if she's determined to railroad you into completing on a property with a boundary dispute.

You do not have 'vacant possession' in the sense that your neighbours are squating on your land -

Don't put a mortgage on this until it's resolved - otherwise you cold be paying for a lifetime, for a lifetime of pain.

Bear in mind - you will not be able to sell this house with an ongoing dispute.

Your solicitor is probably cacking herself / doesn't know what to do - don't let her talk you into carrying the can just for the convenience of her/the neighbour and the builder.

Could you have a claim against the solicitor if this went ahead and she hadn't spotted the flaw in title?

Don't do it.

WhereYouLeftIt Sat 02-Apr-16 15:05:35

I would be very suspicious about the solicitor saying you HAVE to complete.

LeaLeander Sat 02-Apr-16 15:10:00

You need a new solicitor asap.

mummy3pups Sat 02-Apr-16 15:30:39

Hi people thank you so much for your replies x I must admit I was a little bit taken back when she came out with that, she is nothing to do with the building company but doesn't seem very sympathetic.

I did call on the neighbours earlier and polietly explained the situation (they were a lovely couple smile) and no they had not heard a word from the builders and went and got their plan and it showed it to match mine. So the fence has been put in the wrong place but our land registries agree.

I am going to explain everything to my solicitor Monday, next door have been moved in a while and so I take it their land registry has been submitted and I haven't completed\ moved in so mine hasn't yet.

This problem was only discovered once exchanged and my solicitor didn't pick it up I did x

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