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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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We purchased a new house in December. We bought the first of

Resolved Question:

We purchased a new house in December. We bought the first of three semi detached cottages. We had a right of way put into our back garden that ran across from the back of our garden to a shared public right of way. This is what is on our TP1 registered at Land Registry. Our builder then sold a small bit of land to the person that purchased the house where our right of way went through and changed our right of way to go around the boundary.
We never signed anything to say he could do this and as it stands our boundary with the Land Registry is wrong. What can we do about this please and who is best to speak to? Property Lawyer or Dispute Resolution? Our builder said that he would get his solicitor on it and would pay us £500 but now I feel this is totally unacceptable as he made £20,000 additional profit. We seek compensation if the builder wants us to sign new deeds.
Submitted: 4 months ago.
Category: Law
Expert:  Aston Lawyer replied 4 months ago.


Thanks for your enquiry.

Could you please just clarify that your TP1 was successfully registered at the Land Registry, showing the original and correct route of the right of way granted to you? (I ask this as you say that your boundary with the Land Registry is wrong).

I look forward to hearing from you.


Customer: replied 4 months ago.
The TP1 attached jpg ref 115646 shows where my boundary should be which runs right across the garden of jpg ref 120552. Originally Plot 4 was due to have the additional land and plot 3 was due to be a squared off garden like plot 2. After we purchased a month or so later the potential purchasers of plot 3 decided they wanted the extra garden so the builder sold them that, put our right of way at the back of their garden but never changed our TP1 or reached resolution at Land Reigistry. I guess if we wanted to sell our house tomorrow then we would have an issue as the access is not correct as at land registry.
Customer: replied 4 months ago.
to conclude, my TP1 shows what was agreed and what Land Registry think, but because the builder had a problem, he moved our boundary without written permission and clearly the land registry document is wrong.
Expert:  F E Smith replied 4 months ago.

I see that the previous expert has opted out. I will try to help.

Whereabouts does the right-of-way run on the plan?

Ignoring the land registry plan and the TP1 and leaving the right-of-way aside, is the boundary where it is, where you understood it was going to be when you bought the property or have you now lost a big chunk of your land? You say that after you bought the property a month or so later the potential purchasers of plot three decided they wanted extra garden which seems to conflict with what you purchased.

Customer: replied 4 months ago.
The boundary in the TP1 would run right through Plot 3's back garden. We bought Plot 2 first and the builders plan was to sell that extra garden back to plot 4. He decided not to have it and then the buyers of plot 3 decided to have it. The builder then despite selling the TP1 plan to us simply moved the boundary to further back so that we wouldn't be crossing Plot 3's garden. We didn't give permission for this though and as a result our TP1 with Land Registry is incorrect.
Expert:  F E Smith replied 4 months ago.

Was the boundary between 3 and 4 moved before you exchanged contracts or afterwards and if it was before, were you aware that the boundary had moved? Or, is the only issue that the Land Registry plan is not correct?

Correcting the plan is an easy enough job for the solicitor.

However if you thought you were buying this extra piece of land and when you got there, you found out that he had sold it to 3 for an extra £20,000 then you are entitled to the value of the land which is the £20,000.

It is when you say “after we purchased a month or so later the potential purchase of plot 3 decided they want the extra garden so the builder sold them that”.

I need to know whether you are claiming that the dogleg in the land which 3 has, should belong to you.

Customer: replied 4 months ago.
We arent claiming the land as it was never sold to us. We are simply saying we thought our boundary was at one point and the builder moved it without written consent. This means our Land Registry Boundary is wrong.
Expert:  F E Smith replied 4 months ago.

Thank you. It did appear from what you said that the developer move the boundary after you purchased but, you have now clarified that was not the case.

The Seller should provide you with an amended plan which your solicitor then files at the Land Registry. If the right-of-way is noted in the title and the plan and hence, the location of it is mentioned in the deeds, that also needs amending.

The Land Registry may want a Statutory Declaration from the developer as to why this is wrong and you will probably be required to sign the transfer deed also.

You are not entitled to any compensation if you were never buying the extra land, only if you thought you were buying it and didn’t get it.

You would be entitled to a small amount for actually sticking the signature on the page and your solicitors costs because any work done by your solicitor on this, is not your solicitor fault and he is entitled to be paid for it.

Can I clarify anything for you?

Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

Customer: replied 3 months ago.
He did move the boundary. Look at the TP1 and then the other pic that shows we have to go the long way around the garden that next doors purchased. He moved the boundary to suit the needs of the people buying the bigger garden. That is why I feel that I have a challenge for compensation because our TP1 is different to the new boundary we now have.
Expert:  F E Smith replied 3 months ago.

I apologise but I don’t understand. You said that you didn’t buy this land and never thought that you bought the land and hence, the boundary would be where it is on the site plan and not the transfer plan. It’s just that the transfer plan is wrong.

If you bought the property based upon the transfer plan and that was how it was represented, then you are entitled to that extra piece of land and if you haven’t had that piece of land, then you are entitled to the cost of it which, in this case would be the £20,000 not the £5000.

Customer: replied 3 months ago.
My house is the middle house, plot 2. Originally my house was to have right of access across Plot 3 because my boundary was going to run around the back of Plot 3's garden. In the end the incoming purchaser of plot 3 but some additional land (after I had completed, signed and got my TP1 showing the original path) which resulted in the builder moving my boundary to the back of the bigger plot. My boundary was never rectified and obviously neither was my TP1. So right now my TP1 is wrong and my access shoudl run through there garden but doesn't. Do you understand now?
Expert:  F E Smith replied 3 months ago.

That explains it. I see exactly what you’re getting at now, the right-of-way goes around the extra piece of land as opposed to going straight down the original border which is the yellow line on the title plan.

The compensation in respect of the extra small amount of distance at £500 is probably quite reasonable. I think you would not get any more of this went to court plus you would have all the court costs. The reason is that the amount of extra distance that you are required to go is actually negligible. Probably about 10 or 12 feet it seems from the plan.

However, the remedy is the same, the seller provides you with an amended title plan which your solicitor sends to the Land Registry along with an explanation as to the error.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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