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3yrs after buying new build I discover they've given a bit of my garden to my neighbour !!

5 replies

busynotbored · 26/08/2012 11:07

We bought a new build 3 years ago. They were being built in stages and mine was the last house to be built in our stage. The plans got change and instead of a 4 bed being next to me we got two 3 beds. There's a strip of land between mine and next door that was divide half way between me and my neighbor. The front bit began to get overgrown and I wanted to put new plants in but when I looked at my plans it didn't belong to me, to cut a long story short I contacted the builder a few months ago (I had gone through the solicitor who we use to purchase the property but after a year they still hadn't sorted it!) and they realised it should actually belong to me, they sent me new deeds through the post to sign and it as then I realised they had taken a strip off my garden and put the fence so it's on my neighbours garden. I've contacted said builders ad they are coming out on wednesday to have a look. I've just purchased the plan for my and my neighbours house from land registry and it doesn't show on my deeds or my neighbours so looks like I'm right and thy have given this bit of land to my neighbour, it should have been allocated to my garden. What are my rights now? I know I can claim this land back but will they have to redo my garden? It came turfed with a small patio area. Can I ask for it to be redone with new lawn and patio? Can I ask for a cash equivalent instead of the land? Can I ask for any kind of compensation after 3 years of not having what should have been mine ???
Thanks i advance

OP posts:
mum13 · 26/08/2012 22:26

i will gaurantee that the fencer fucked it up cause new builds have stacks at every corner of the property,will you get anything yes but it will cost a good solicitor cause they will try everything to get out of it dont sign anything,hope that it is some big bit of property,this happens all the time when fencers just geuss that is where it goes

minibmw2010 · 28/08/2012 07:06

I'd be more worried about the bad feeling this will probably generate with your neighbour ... When you say strip of land, how much do you mean ??

Fizzylemonade · 28/08/2012 14:11

I hate this whole, I was happy when I bought it and I have lived with it for 3 years but now that I know I can get an extra so many inches of land bit Angry

Deal is this, a boundary dispute just makes solicitors richer, they aren't the ones who have to live next to the neighbours you may well piss off.

You wanted the land at the front and the builder has agreed to that so why do you now want what is on the other side of the fence? Trust me, it can turn your life into a living hell. Have a look at the forums on [www.gardenlaw.co.uk]] to see how bad it can get and how long it can go on for.

Put the boot on the other foot, how would you feel if your neighbour said, hey it turns out you have 6ft wide strip of my garden on your side of the fence and I want it back? Even though I have been happy for years, I have just discovered I can have it.

A boundary is an imaginary line between two properties, a land registry plan is 1:1250? So that red line is so flipping wide on the ground, it isn't the width of a fence panel of a few inches.

Seriously, as someone whose best mate went through this herself, her biggest regret is not saying where do I see this in 1 years time, do I think my neighbours will be happy with the fence move. What form of retaliation may they take.

busynotbored · 28/08/2012 14:44

fizzy - when my property was valued the fences weren't up so I'm presuming that they valued it on the builders plans and therefore I have paid for the extra bits of land which I haven't got and , by the way it's not a few inches, it would make a significant difference to my back garden.
However, I have a good relationship with my neighbour and certainly don't want any disputes with them, my dispute is with the builder not them. I m going to tell my neighbour what has happened. I would be happy for the builders to refund me any money I have paid for that land and let the neighbours keep what they've got. The whole area is about 75ft by 5ft. I've had loads of problems with the builders since moving in and like I said I have been aware of this problem for over a year.

OP posts:
digerd · 09/09/2012 21:35

Our houses were built in 1960, and came already with short concrete boundary posts with a hole at the top and a wire going through. The wire was the boundary and each side of it belonged to each neighbour. I am lucky, in that most of the original boundary posts are still there on the side which is my fence, I phoned the council as had to replace the fence after first winter when one panel with a loud bang fell out, to find out exactly where my fence should be, and was told, on my side of the boundary posts - infront of them- not in the middle and not on the neighbours side as is his land. So, why don;t they still do this, as would eradicate any confusion or conflict? My neighbour attached to me is her fence, but I see no concrete boundary posts, as must have been taken out, so no proof if hers is correctly placed.

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