Boundary dispute with a difference

[Jane Smith]

Nothing to do with period property, but I thought you might enjoy this one.

My parents live in a newish house in Shropshire. Last year, the overgrown land behind their house was given planning permission for a development of new houses, which has since gone ahead and is now nearly complete. The wall at the end of my parents' garden is now overlooked by the side wall of a new house.

A couple of weeks ago, they were visited by the MD of the building company, and told that there was a little problem with the new house which has been built at the bottom of their garden.

The end wall to my parents' garden does not mark the end of their property: they've always known that they owned more land out there, and told the builders this before the development started.

The Land Registry has now confirmed that it would seem that the developers have built it on my parents' property--it's on a slant, but it's likely that the wall of the house is one foot inside their garden at one end, and about four and a half feet inside it on the front end.

It's a nice problem to have. Especially for a couple of old folk just before Christmas.

 

[biffvernon]

I hope your parents are planning to grow some, er, house plants in that corner of their garden

 

[Jane Smith]

We thought we might install a water feature in that corner of the garden. I'm visiting them for New Year, so could do all the work for them then.

 

[Schoolmarm]

I hope they are getting a good compensation offer :shock:

 

[Jane Smith]

Don't worry... we're sorting them out. I was for several years a consumer journalist for the tabloid press, and my husband is a chartered surveyor with a couple of businesses of his own.

I don't think they're going to enjoy this as much as we are.

 

[Moo]

And neither are the owners (assuming it's been sold) of the new house in question.

 

[Jane Smith]

It's not been sold: it can't be, until this is sorted out. I think they had someone interested, and their solicitor found this out during the searches.

Apparently, the developers were informed by the Land Registry that this strip of land belonged to my parents, and not to them, before building started. So it's not looking very good for them at all.

 

[Flyfisher]

I imagine that 4 feet strip will end up being the most expensive bit of land the developers have ever bought. Six figures perhaps? What a nice 'problem' for Christmas.

 

[MdB]

In the estate where I grow up there was a lot of confusion about the plans as there wasn't the right number of houses down the street. It turns out that the builders accidentally built one too many on one side and one too few on the other. Nobody noticed until it was far too late to do anything about it.

 

[Jane Smith]

The new house concerned is advertised for sale at around £300,000, I think. The developers could demolish it, and return my parents' land to them, which will cost them a considerable amount and mean no income at all from the site; or they could negotiate a settlement based on the value of the new house. I suspect they'll go for the latter option.

 

[Penners]

I imagine that 4 feet strip will end up being the most expensive bit of land the developers have ever bought.

I quite agree. Already-built-on-in-error land is worth several times more than the most expensive building land! :wink:

 

[skier-hughes]

I think at least the profit portion of the new house as compensation, then costs and a small amount for the trouble caused, then the price of the land, well I wonder what they paid for the rest of it, maybe I'd start at that, but then building land is awfully expensive when the builder needs it.

My ex-grandfather in law :roll: sold some land for building on, ok it was a posh part of the country, he got just over £1m per acre 20 years ago.

He kept an adjacent strip for when he needed some more money!! - Several other people then wanted to sell some land to the same developers, but no access could be gained without this strip of land, so he looked at what it would cost to buy one of the houses to get an access road in and said they could buy his 1 foot strip of land for 80% of the cost of buying the house, demolishing it and associated costs etc.

I think they settled on some £1.5m, which made it a real money spinner for him. The new houses, even at that time were up for sale at £499,950 and above, so the builders weres still quids in.

 

[Jane Smith]

Ah, ransom strips. One of David's favourite things. I've lost count of how many clients of his have benefitted from keeping back just a tiny bit of land. It's amazing how many buyers just don't notice. Until it's all too late.

 

[DaveBrigg]

Sounds like the developer screwed up here. There doesn't seem to be too much sypathy though...
However, with regards 'ransome strips' - Tesco's were planning a new store where I used to live (in Berkshire). They had bought up most of the land, at over the odds, but still needed an access road for the car park. One householder held out, and was offered considerably more than the house was worth. They held out longer, and the offer was increased. They held out still further - and the plans were changed, their land wasn't needed, and they were now living next door to a superstore car park.

 

[skier-hughes]

Yep, you've got to suffer the consequences if you continue to call their bluff, knowing where to end is the gamblers best friend

 

[Penners]

But from the sound of it, DaveBrigg's situation was just a strip of land. Jane is in a much stronger situation - a strip of land with a house already built on it.

 

[Jane Smith]

Yep. That little detail drops the builders rather neatly between a rock and a hard place. Especially when considered next to the photos we've got of Ma's and Pa's back gate with a notice on it, telling the builders that the fence did not mark the boundary, before building work started; and the letter from the Land Registry, pointing out that the LR told the builders this, also before building started.

My parents are both in their 70s, are infirm and worried, and have had to put up with quite a lot of rudeness from the builders as the work has gone on. Consequently, I have no sympathy at all for the builders. I'll let you know how they get on.

 

[Penners]

Luvverly!

 

[skier-hughes]

and have had to put up with quite a lot of rudeness from the builders as the work has gone on. Consequently, I have no sympathy at all for the builders. I'll let you know how they get on.

I'm not surprised there is no need for that at all.

 

[middi]

I do not want to put a spanner in the works here, and I agree that all the odds are stacked against the builder, but, and this is a big BUT, as a judge or developers defence lawyer I would want to know why the owners of the land allowed the builders to complete the project and then complain about it. The builders will admit " genuine mistake " and be penalised , could the land ownners claim they were unaware, whilst building was progressing under their noses, that it was THEIR land they were building on.

It could be construed that the nice old couple may have deliberately waited for the project to be completed in order to deliberately try and pull a "fast one" on the builders, in which case i would not start counting the bucketfull of cash coming their way, it may turn out to be a small envelope.

It was just another point of view. I wish the old couple to screw the builder for as much as they can get away with.