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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:
underthewillow · 23/05/2018 22:01

You will need to contact the solicitors that acted for you and ask them to recall their file, it will probably be held off site so will take a few days to be received. But yes, you request your paper file from them.

Do not let them move any boundaries or any fences until you have spoken to a Solicitor. Be firm. They will push you.

Original poster
Menarefrommarsitwouldseem · 23/05/2018 22:03

I said today I am not willing to move anything until I've been to a solicitor and confirmed everything

Or

Agreed compensation and have it in writing.
They keep saying it's not a huge amount you're losing, they're missing the point.

OP posts:
EspressoButler · 23/05/2018 22:09

This reply has been deleted

Message withdrawn at poster's request.

AmIRightOrAMeringue · 23/05/2018 22:14

What would you be happy with? If you would have been happy with the house if it was to a higher spec but chose lower spec due to garden I'd say the cost of upgrading to higher spec

QuoadUltra · 23/05/2018 22:18

‘They’d rather keep solicitors out of it’ Smile course they would!

As a lawyer, I am going to tell you to go straight to a lawyer who deals with compensation. You will get more than if you were dealing with this yourself and they should also get you your legal fees on top. Seriously, this is not for amateurs.

DontCallMeCharlotte · 23/05/2018 22:20

underthewillow I used to work for recommended solicitors for residential developments. We most certainly were not paid a referral fee. In fact we offered our services at a hugely discounted rate to the buyers.

We used to send buyers a pre-exchange form and one of the questions was "Does the enclosed plan reflect the boundaries on the ground?" Or words to that effect. If your plans appear to be correct, fight it to the bitter end. And/or demand the kitchen etc to be upgraded. Fingers crossed for you.

bunbunny · 23/05/2018 22:22

I think it is particularly also worth pushing the angle that they knew that you were choosing between two of their houses, each the same apart from internal finish vs garden size.

They showed you the house with the fences up. They did nothing to make you aware that the fences were in the wrong place or even that that was a possibility. They knew the reason you bought that house was because of the garden.

Try turning it back on them and saying that you would like the property as it was sold to you with the deeds altered to reflect the garden size as it was fenced and sold to you. If it is reasonable to ask you to accept a 15% reduction in your garden then it’s reasonable for them to ask it of your neighbour’s too.

Do you know if your neighbours know about the change - when did they discover their plans were wrong, do they actively want this bit of garden too or would they prefer cash/other compensation? I’m assuming they have sold next door otherwise they should take the hit themselves and sell next door with a smaller garden...

bunbunny · 23/05/2018 22:25

(Sorry if my post is a bit behind - started then got caught up by bedtime but didn’t want to lose it!)

underthewillow · 23/05/2018 22:27

Dontcallmecharlotte-all our local firms, mine included, are paid or pay out referral fees. Unfortunately, some, not all, have to keep developers ‘sweet’ to get the work.

Given that they are now ignoring the OP when she wishes to make a complaint and the developers are asking to keep Solicitors out of it.....

mygrandchildrenrock · 23/05/2018 22:30

25 yrs ago this happened to us with a tiny strip of land at the side of our new build. We got 2k back then. Seek advice and don't agree to anything until you've done so.
Good luck

Original poster
Menarefrommarsitwouldseem · 23/05/2018 22:41

The land ' legally' belongs to the houses at the side of us. Their gardens
So I can kind of see why they want it and will take the hit on the land if I'm compensated. We have been in for 12 months and this has only just come to light. Apparently the land registry flagged it.

I asked today whose fault this was and he said someone on site obviously ballsed up when erecting the fences. You can't blame the sales team.

I did check the boundary and as it isn't a huge amount it looked okay. The fences were in
I would have had to measure the garden maybe? Which I didn't as the garden seems in proportion to the house and the fences were there

I actually asked the sales advisor about fences moving etc
And she said no this is all yours. It's all been checked and ready to go.

The only thing to be done was flooring.

It's really confusing me. I just can't work it out.

OP posts:
NoTNoShade · 23/05/2018 22:43

We had similar but with us it was the parking spaces in front of the houses that was wrong. The whole thing was an absolute nightmare as nobody could sell as what was on the land registry was not what was there in real life.

Neighbours were falling out and nobody wanted to be worse off than when they started. Some people refused to engage at all with the builders and every step forward took months and months.

Some people pursued financial compensation and others wanted car park spaces created for them in the green spaces on the estate.

We wanted to sell and we couldn’t because of the land registry problems. Years went by! In the end we negotiated a part exchange to another house with the same builder.

ColdCottage · 23/05/2018 22:47

Don't let them bully you into a Friday deadline. You are in control here. They are pushing for Friday so you don't have time to seek legal advice. Make them work to your time line.

Original poster
Menarefrommarsitwouldseem · 23/05/2018 22:48

The neighbours want their land.

The project manager has apparently tried to convince them to alter the plans to reflect the garden as it stands now. They refused, which I understand.

We received a letter Tuesday. In it they told us there was nothing they could do and we are coming to do remedial work Friday
There is most certainly a sense of urgency on their part.
When I told them no. He said okay but this needs to be done, they have a legal right to their land.
Yes
I said to him. I have a legal right to deny you access to my property when I'm not there and until this is rectified favourably.

OP posts:
MinecraftMother · 23/05/2018 22:48

I'm a solicitor in Worcestershire. I'm the residential property partner at my firm.

If you want to PM me please do.

thetigerthatcamefortea · 23/05/2018 22:56

There is some
Really inaccurate information here.
I work for (a large house builder) and we have solicitors that we recommend to people buying our houses.
But they certainly don’t get any kind of kick back or work to our interests.
They are 100% the buyers solicitor. Not ours.
The reason we recommend certain firms is simply because our purchasers generally get a greater level of care. (Many people don’t know where to start in picking a firm)
When it’s a “panel” sol you won’t end up at the bottom of an in tray because the builder can put pressure on your behalf.

3333hh44 · 23/05/2018 22:59

Would you rather have the higher spec or monetary compensation? How much compensation is the tipping point? Your solicitor needs to know how you want to settle, so think about that before you see them.

You could also try turning it back on to the developers by saying that you are intending to see solicitors but before you do, what is their very best offer and it had better be good or you will proceed with the solicitors. Then even if you do see the solicitors, they'll have a better starting point.

ikeepaforkinmypurse · 23/05/2018 23:01

Do take photos and ensure you have proof of current measurements.

It's unlikely the builders will pop in when you are away on Friday after you declined but there has been enough threads about CF. You don't need thing to get more muddled up than they are.

JustMarriedBecca · 23/05/2018 23:07

Also a solicitor. You also probably need advice as presumably you have a mortgage. The valuation for your mortgage will likely have been based on the larger garden too. It's likely the solicitor who acted on the sale will have acted for the bank too.
Go and see an independent. Ideally a property litigation specialist rather than a conveyancer.

Original poster
Menarefrommarsitwouldseem · 23/05/2018 23:15

I've just read my op
And I'm worried I've explained it rather strangely.

So. In a nutshell
The fences don't match the plans.
That essentially it never was our land... but they see why we thought so as there wasn't much in it, the fences were up and it was stated that there would be no more work in the garden.

I'm not sure I'm even making sense. Apologies.

OP posts:
wombat1a · 24/05/2018 00:23

Since 'your fence' is on 'their land' then surely on Friday they can remove it without your permission. If you refuse them permission to access 'your land' then it they can't reinstall it all they can do is remove it.

I would say they are the ones in the driving seat here not you.

SoFake · 24/05/2018 00:33

What a frustrating situation. It must be disappointing for you.

bunbunny · 24/05/2018 00:54

Is there anything you can do from a trading standards point of view - ie that they are saying a long time after the sale that what they promised you and what you received is not what you got.

It might also be worth speaking to the land registry - they have a helpline and when I've had to speak to them previously they have been incredibly helpful. If you explain that you feel that you are the ones that are being wronged, that you were sold what you saw and were reassured that the plans were right, you believe that the plans should be redrawn to reflect what you were actively sold (ie large garden plot) rather than what as far as you know could as easily be a mistake in the other plans rather than yours. They might have some suggestions - as I bet the builders or their people looked at it as just a discrepancy that needed to be sorted rather than something that you could have rights to too. Sorry, probably not making much sense, but hopefully you sort of get what I'm trying to get at! Something as important as this - worth a shot.

Just because the builders have made a mistake (or conveyancers or fencers or whoever) - they can't just do a simple fix and ignroe the fact that you bought something in good faith and that you should have some rights too (again, ahve to say I'm nto a lawyer, just somebody annoyed by the way you are being reated.) And somebody who is having problems with their keyboard - sorry for the typos!

Where would you stand if you said that you want what you were promised and what you understood to be garden, you don't want compensation, you want them to fix it because you want the garden. Or propose that there is another option to throw into the mix (not least because it will hopefully mean they need to consider it and not remove a chunk of your garden on friday) and say that as you both feel that you own that chunk of garden, and that you certainly you were led to believe that you were paying a premium for a larger garden, is there any way that they could split the chunk between you so your garden gets a bit smaller but not as much as they are proposing while their garden gets a bit bigger but not as much as they want. Plus you both get compensation. That way you are both suffering but not as much as you could be...

And - i can hear the screams of the lawyers on here as I say it - but the old adage about possession being 9/10 of the law? No idea how true it is, especially these days, but absolutely don't let them do anything until it is sorted and finalised and y ou have any compensation sorted and agreed... Are you able to be around on Friday to stop them if they try to come in to do it? Is there anything legally you can do to say that they are not allowed to touch your fence or alter things until a mutually agreeable settlement is reached?

Have you seen the neighbour's deeds and compared them to your own to see the extent of the difference?

Do you have legal insurance on your house insurance that could step in and ehlp?

Can you send an email to the solicitors and the house builders to complain about their lack of response, say that their insistence on rushing and not wanting to involve the lawyers is making you very worried that something is very wrong indeed and they are in cahoots to stop you accessing your files to force you to lose part of your garden and that there is no way that you are going to agree to anything without your files and talking to a solicitor, so the longer you are kept waiting the longer it is going to be until you can start negotiating, let alone agree on anything...

teaandtoast · 24/05/2018 01:07

I'd get some photos and measure it tomorrow morning so you at least have a record of what is there now.

teaandtoast · 24/05/2018 01:10

And how do they know it's a mistake 'on the ground' as opposed to a mistake with the plans that were sent to the Land Registry, iyswim?