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AIBU?

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Original poster

What to ask for compensation?

73 replies

Menarefrommarsitwouldseem · 23/05/2018 17:43

Bit of a strange one as I have no clue.

I purchased a new build 12 months ago. I adore the house and was really happy.
When we purchased it, we had a choice between 2 plots.
One plot had a higher spec kitchen etc
Lots and lots of extra work done but a smaller garden.

The other one was not as nice inside, less to our taste not hideous. No extras. However, the garden was a lot bigger.

We went for the one with the bigger garden due to having 3 children and pets.
Fast forward 12 months and the nationally awarded builder have told us they got the plans wrong and when erecting the fence put them in the wrong place.
When we purchased it was already turfed and fenced.

So now they want to take around 15% of our garden. Legally they have to due to land registry. Fair enough I guess.
I spoke to the builders today and mentioned compensation as essentially I feel like the house was mis sold.
If I'd have known then that they would have taken the garden back I would have bought the other plot and not had to spend more in this one

They've told me to let them know by Friday what compensation I would like and they'd rather keep solicitors out of it. I literally have no clue. They did advise me that garden square foot cost is pretty rubbish. So to not just go for that.

Aibu asking for compensation? And what would you ask for?

OP posts:
DuchyDuke · 23/05/2018 17:44

I would get legal advice. Often the garden square footage cost can be low.

HeadsDownThumbsUpEveryone · 23/05/2018 17:50

When you purchased 12 months ago did you not get the deeds showing what you owned garden wise? I am struggling to see how it took 12 months for them to notice an error.

RandomMess · 23/05/2018 17:50

Get them to install a high end spec and whatever else the other house had?

Do you still want the house?

PurpleWithRed · 23/05/2018 17:51

Speak to an estate agent? We’re the two plots on at the same price?

Iamtheresurrection · 23/05/2018 17:54

This happened to 10 houses in our street, one house lost almost a third of their already small garden. Compensation was paid based on the value of the land so hundreds rather than thousands.

LakieLady · 23/05/2018 17:55

As you're losing 15% of the plot, I'd use 15% of what you paid for the house as a starting point. It will be absurdly high, but it'll make a good starting point for negotiations.

After all, the biggest element in the price of a property is the land itself. Our house is worth £400k, but it would cost only £100k to rebuild, according to our insurers.

Lilacwine1 · 23/05/2018 17:56

I agree with RandomMess I'm sure they would agree with that, and it would also add to the value of the property.

CandyflossKing · 23/05/2018 17:57

I bet they do want to avoid solicitors! Definitely get legal advice! I'd probably speak to your solicitors who dealt with the purchase.

Original poster
Menarefrommarsitwouldseem · 23/05/2018 18:36

We did look at the plans as did the solicitor but nothing jumped out
We have copies somewhere but dh is at work and he deals with all that
He will dig them out once we are home

As the fences were up though we probably didn't look close enough

OP posts:
unicorn56 · 23/05/2018 19:35

you could ask for the high spec things to be installed (assuming both properties were the same price).
I would advise to consult a solicitor though, quite often when companies try to do things without solicitors the people end up getting a lot less then they should (for instance in a case of an injury they might offer you 500,000 which would make anyone go yes please, but if you got solicitors involved they may have been able to get you 1mil, I know yours isn't an injury but don't know much about housing) .

underthewillow · 23/05/2018 19:55

I’m a Conveyancer. I urge you to take it up with the Solicitor/Conveyancer that acted for you when you purchased the property. You could have a claim.

Original poster
Menarefrommarsitwouldseem · 23/05/2018 20:29

Underthewillow
I tried this when it first came to light and they've yet to respond to my emails or calls. Is it worth contacting another solicitor? I had one deal with my purchase and one with my sale.
The solicitor I used for my purchase was the builders one. They paid for the fees.

OP posts:
Original poster
Menarefrommarsitwouldseem · 23/05/2018 20:30

Thanks all

I'm going to get legal advice tomorrow. I know maybe I should have spotted it but surely it shouldn't have slipped through the net of both the builder and the solicitors acting on our behalf.

OP posts:
underthewillow · 23/05/2018 20:40

Ah, in that case I would approach an independent Solicitor. I would also ask the Solicitor to recall your file and ask to pick it up. It is your legal right to do so.

Petalflowers · 23/05/2018 20:45

What would the house value be with the smaller garden? Would the compensation be the difference between the two house prices, plus 10% good will gesture?

underthewillow · 23/05/2018 20:46

Sorry for double post, posted too soon.

The Solicitor that you used would have received a referral fee from the developer which, legally, they should have disclosed to you. You were their Client but unfortunately, with some Solicitors receiving referrals from Developers, this clouds things as developers are known for being pushy. It isn’t right but it does happen.

I would ask/demand for your file to be recalled from the Solicitor that acted for you (there may be a storage fee to pay but should certainly be less than £50) You are absolutely entitled to do this, they won’t want you to so push hard for it.

Also, ask the developers if that have any correspondence from the land registry, ordinance survey maps etc. Land Registry Filed Plans are not often to scale but the one attached to the TP1 you signed will be to scale. Request a copy of that.

You do have a claim. You need a litigation Solicitor.

HerdofAntilop · 23/05/2018 21:14

Under - an I right in thinking legal costs might be covered on a house insurance policy? Possibly worth giving your insurer a call.

babydreamer1 · 23/05/2018 21:22

Tell them you want to take advice from a land agent (not to be confused with an estate agent!!) and ask them to provide an undertaking for you to do this at their expense. Off the top of my head I'd say ask for residential land value as compensation. Can you say the area your in, I could try and recommend an agency to use.

Original poster
Menarefrommarsitwouldseem · 23/05/2018 21:31

Thanks for all the advice so far.
I had a feeling they were trying to get me to go away

I'm in Worcestershire

OP posts:
43percentburnt · 23/05/2018 21:41

Definitely speak to a solicitor, not the one you used to purchase through. They are likely to be aware of the situation already (Id assume the builder has spoken to them) plus you want to know if the solicitor missed anything.

Original poster
Menarefrommarsitwouldseem · 23/05/2018 21:51

We do have a TP1 and it's hard to make out in all honesty.
As the boundary runs at the back of garages.
They've highlighted where the fence should be and where it actually is.
Thing is when we offered the fence and turf was in, and I didn't measure the garden or look at the plans in any great detail as I just assumed that they wouldn't have put the fences in incorrectly.
As the house was already finished it was very much sold as seen and any extras we wanted to purchase were turned down. Yet here they are taking the garden.
It's not a lot of land, as it's a new build after all but it is significant in what I would consider a fairly modest garden.

When I offered they told me they would pay solicitors fees for the purchase side only if I used their solicitors. Looking back now that was rather suspect.

OP posts:
Original poster
Menarefrommarsitwouldseem · 23/05/2018 21:52

Underthewillow
You mean go and actually collect it from the solicitors office? That's fine if that's what you mean.
Just checking

OP posts:
Original poster
Menarefrommarsitwouldseem · 23/05/2018 21:55

The solicitor I used for the sale was fantastic.
I may give him a call tomorrow and see what he thinks of the file and ask him to suggest a litigation solicitor

The builder were going to come and move the fences on Friday
But I've told them they don't have my permission to access my garden while I am not in.
They were not impressed but it's stalled it for now

Originally they offered 2 shrubs as a gesture of goodwill Hmm

OP posts:
reallyanotherone · 23/05/2018 21:55

The solicitor I used for my purchase was the builders one. They paid for the fees.

Isn’t that a conflict of interest?

Original poster
Menarefrommarsitwouldseem · 23/05/2018 21:57

Reallyanotherone

I questioned it at the time
The reasons given to me were that the solicitors know how they work, work well to deadlines( they didn't) and keep the builder updated regularly.

OP posts:
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