New Build: Boundary issue

[daisyrosebuttercup]

We've been in our new build house for 8 months now and received a letter from the developer advising us that they had received a letter from land registry advising that the boundaries in place aren't as per the plans. Looking at their drawing and the conveyance layout I think they are correct (we never noticed it until now). Land registry have said either move the boundaries to where they are as per plan or submit an amended plan. We've been called to a meeting to discuss this. I assume we don't have a leg to stand on and that the fence will need to be moved but is there anything we can negotiate in terms of a good will gesture? We've already done some work to the garden including a base for a summerhouse which won't fit/will need to be knocked down and rebuilt. I'm assuming at the very least they'd need to make all of this good? I was hoping we might be able to negotiate some retaining walls with the new fences as the land is very sloped. I'm not sure what they're going to say but would like to go armed with some ideas of what might be reasonable to negotiate?

Thanks in advance!

Consult the solicitor you used to purchase the property - ensure they are not charging you anything atm as they should not - see what they say and take it from there

• IMO, you should at least do as above and then decide as I feel you are entitled to goodwill/etc

Btw - nothing stopping you contacting builder but imo, try your solicitor first and see what they suggest

Speak to your own solicitor, do not go to any meetings with the builders or do anything without legal support.

Hopefully you used your own solicitor and not one recommended by the builders, if you did instruct another solicitor.

Check everything - if you are to lose part of your garden, your house will be worth less so if a mortgage company is involved they will need to know.

If it was the builders error, and you need to change things, make sure you gain some compensation for the loss.

Lastly, mistakes of course do occur there may not be anything untoward going on but could this extra piece of land the builders not retain be used as an access or make any future plans they have easier?

Just rereading your OP, go for an amended plan, do not agree to move the boundary.

When you say boundaries I assume you mean the fences. So who put the fences in ?

Normally for someone to gain, someone else has to lose. So who is the losing party in this case - whose land do you have that you shouldn't ?

That surely is going to make all the difference.

I think you need to talk to a solicitor.

How much land are we talking about?
Who should have had the land that you have gained?

Thanks for the replies everyone. We have fences along the two boundaries that land registry say aren't as per the plans. The builders put those fences in. It means that the gardens of two of our neighbours get slightly larger. This affects four houses, some gain some garden, some gain and lose bits, we're the only one that just 'loses' space. The drawing land registry have sent is scanned so is all squiffy so when I overlaid it on our conveyance layout it didn't match. I'll contact our solicitors now, thanks for the tip!

Not necessarily. Get the plans changed, rather than change your fences.

I imagine both your neighbours will have been written to too though, and they may have a different view!

Try and compromise on having just one fence moved if you have to.

Hi we moved to new build 3 yrs ago. just before remortgaging we find out the fence hasn’t been put correctly. In between house we have path for garden access & fence is not aline with house till the middle of garden. after 1 and half year of chase developer to correct the fence now builder came back saying the fence cant be altered. I have gone back to solicitor and its not helpful simply replied (We can confirm that as you purchased off plan the seller can make alteration to the boundaries, please see the attached contract under clause 1.5 for reference). I used solicitor suggested by the developer and its of no use.
so what can i do? is there nothing that can be done. Its no win with these developers as the contract is complicated and everything is on their favour.