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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

worridmum · 25/05/2018 13:08

did they come around? I hope they did not change anything without your permission.

Original poster

Menarefrommarsitwouldseem · 25/05/2018 19:02

No they didn't move the fence

I've e-mailed the project manager to let him know that we won't be agreeing on a date until I've had a meeting with a litigation solicitor. I also asked what their best compensation would be and I've not had a response.

When I last spoke to him he said he would call me Friday afternoon and nothing.
I get the impression I have pissed him off.

OP posts:

bunbunny · 25/05/2018 19:28

Yup. You’ve pissed them off.

Don’t you know you’re supposed to say no worries, of course you can have a big chunk of my garden, in return for a rose bush and a bottle of cheap fizz?

Now you are being all pesky and demanding and you’re going to cost him money not to mention more grief and problems and people shouting at him and a bank holiday weekend too...

How inconsiderate can you get?!?

Oh. Wait.
You’re not BU at all. P
If he’s upset it’s because he has cocked up and you’re not letting him floss over the fact and get away with it.

blessedbe · 27/05/2018 21:14

I’ve been thinking about this loads - it’s so cheeky of them to try and palm you off. Did you pay the same as your neighbour for the house? Is it the same house?

Original poster

Menarefrommarsitwouldseem · 28/05/2018 10:12

The gardens that are going to be gaining land are smaller houses and paid around 100k less than I paid for this one.

The fact he didn't respond makes me think he's ready for a fight now.
I know I can't do anything about the land I'm losing but if he thinks I'm going to just hand it over, he's mistaken.

OP posts:

Original poster

Menarefrommarsitwouldseem · 28/05/2018 10:15

I also contacted the purchasing solicitor and asked him to recall my file
He asked why and I said because of a boundary discrepancy.
He said " I'll send you the TP1 which you signed, we all signed. This would clarify the situation. If you need the full file get back in touch"

My lunch break was over so I didn't argue for the file but I got the impression that they don't really want me to have it.

OP posts:

PotteryLady · 28/05/2018 10:28

Call him and say I want the full file - ASAP! Don't let him fob you off.

bookgirl1982 · 28/05/2018 11:50

The neighbours will have a price for not getting their land back and changing the deeds. The builder just thinks you will be cheaper.

Hope you find a good solicitor and get the outcome you want.

JelliedFeels · 28/05/2018 12:04

They probably can’t be arsed copying the full file, they often charge an administration fee for the copying too.

Your litigation solicitor can request it formally on your behalf, that’ll get them moving.

RandomMess · 28/05/2018 12:05

Is it worth speaking to the neighbours directly yourself? After you have the full file...

Original poster

Menarefrommarsitwouldseem · 28/05/2018 22:51

Well I've thought about having a chat with them but I'm worried it could create some hostility.
I'm going to call a litigation solicitor tomorrow and hopefully get them to communicate with the builder and the other solicitor

Slightly concerned I am going to be left out of pocket.

OP posts:

QuoadUltra · 29/05/2018 06:37

Don’t take on a solicitor who won’t negotiate their own fees as part of the compensation.

Original poster

Menarefrommarsitwouldseem · 02/06/2018 12:02

So the manager called yesterday and again said " let's leave solicitors out of this"

Offered £750 And a few plants for the garden.

I've been in touch with a litigation solicitor but they said they need to see me and my shifts and work are back to back so can't just yet. Also they don't fully understand what I mean.
The manager now said he wants to do the remedial work next week and that I need to let him know what a solicitor advises for compensation so they can get the ball rolling. £750 seems an insult tbh.
Especially considering the show home allegedly came with 30k worth of extras.

OP posts:

RandomMess · 02/06/2018 12:15

£750 that's derogatory!!!!

Which bit of we wouldn't have bought the house with that size garden do they not get???

QuoadUltra · 02/06/2018 12:22

Solicitor here.

Say no. Tell them you are taking legal advice and do nothing til you have it.

QuoadUltra · 02/06/2018 16:26

I’ve given this a bit more thought. Please just communicate with the manager in writing.

Email him saying

you have not had a chance to discuss this with a solicitor
you will not be voiced into anything and no work should take place until you have had legal advice
you will contact him after speaking to a solicitor and you will contact them after that.

Where in the country are you? PM me if you want a recommendation

bunbunny · 02/06/2018 16:57

Grr just lost a post

Use their own figures against them...

If the only differences between the two houses was £30K if extras or a bigger garden then as a starting point you want that £30k plus as the reason you chose the house has now been negated you need compensating for the lack of that (so maybe start at trebling the worth of the garden so £30k plus £90k and you’ll consider it... (assuming that’s a high enough recompense for you) or you keep the garden.

And then see what they say but they’ll realise you are being serious. And that maybe it will be easier to change the documents to what you were sold.

Definitely point out that they were the ones that made the mistake and they can easily and cheaply rectify it by correcting your deeds Held at the registry office to reflect what you were very explicitly told you were buying.

Might also be worth contacting trading standards to see if anyone else was affected and if it is a scam or money making scheme the developers are exploiting.,.

alphajuliet123 · 06/06/2018 11:58

Just out of interest - if the fences had been in the correct boundary positions, would your house still have had the bigger garden and would you still have bought it as it should have been? Or would you have been swayed to buy the other house?

A rough diagram would really help so we can see dimensions

Puzzledandpissedoff · 06/06/2018 12:23

The solicitor I used for my purchase was the builders one

Ouch I appreciate the regs dictate that such a solicitor works for you not the builder, but the response you've had shows what the reality can be - and perhaps why they're often so keen to shove their own solicitors at you

I never normally use this word, but tell the builder to f**k off and that you'll get back to him in your own good time after (and ONLY after) taking proper advice

MrsOprah · 07/06/2018 13:31

£750! CFs

blessedbe · 11/06/2018 21:43

Did you manage to get a solicitor to look over this for you?

Moo31 · 19/06/2018 23:09

Any update op? Hope things have gone in your favour.

Iamagreyhoundhearmeroar · 19/06/2018 23:12

Do they actually need access to your garden to move the fences? Surely they'll just approach it from the neighbour's side?

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