• Our Land Registry Says One Thing And The Builders Plans Say Another!

    By Guest on 23rd Feb 2017

    We have been in our new build home since Dec 2013, the site is near completion now and the site foreman has asked up to alter our garden back so that the walk way between our home and the show home is joint access. We removed a gate and fencing as our Land Registry document shows the whole are as belonging to us. At the time we altered the garden we asked the builders - Barretts to move the show homes gate as it effectively opened up into our walkway (that they are now saying is shared access), we showed them the deeds and the gate was moved. Now the site foreman is saying this is not our land and is in fact shared access and our plans are wrong and we need to get it put back as it was? Surely our Land Registry deeds are legally binding and if they have made an error tough luck, we signed this paperwork as supplied to our Solicitor by the builder? They have paperwork showing it as being shared.

  • 1 Answers

    By Guest on 23/02/2017

    One can only speculate without seeing the deeds, but it could be that the land is yours but is subject to a right of way for the benefit of the show home. If that's the case then you will need to make sure that access to the show home can be gained at all times. You should also bear in mind that whilst the Land Registry filed plan is indicative as to the position of the boundary it is not intended to be definitive and can't be relied upon absolutely in the event of a dispute. There is no minimum or maximum tolerance. Nonetheless the builder could of course be wrong. Depending on how valuable the land and/or the principle is to you, you should consider getting a surveyor to the look at the plan to the TP1 (the deed that transferred ownership of the land to you) for an opinion.

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