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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3695
Experience:  Two years conveyancing experience.
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We recently moved into a new build (7 months ago) with the

Resolved Question:

We recently moved into a new build (7 months ago) with the boundary line fenced. The builders are now saying that the fence was put in the wrong position, and they want to move it in by 500mm, the fact that we have signed off on this, where do we stand?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Can you compare what they are proposing to the demised plan that come with your deeds for the property?
Do your deeds say you should have that extra 500mm?
Kind regards
AJ
Customer: replied 3 years ago.

Hi AJ

All i can tell you is that it is the boundary with an adjoining detached property, who are contesting as to where the boundary lies, There are two sets of drawings, one showing the neighbours fence projecting off there gable end and one showing a gap alongside. If the decision to go ahead and move the fence are we entightled to be compensated as we have lived with this situation for 7 months.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
You have to look at what the developer actually sold you in the registered title plan.
Can you tell me is the property freehold or long lease hold?
When the developer sold you the property which plan did they give you when you were negotiating the purchase?
Kind regards
AJ
Customer: replied 3 years ago.

AJ

Its Freehold and the plan we went off was the initial plan showing only a small gap down the side of the neighbors property

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
So the plan that you were given and that detailed the property you thought you were purchasing shows the fence in its current location?
If that is the case then you do not have to allow them to move the fence, essentially they would just be taking what you believed you were purchasing. If they are going to do this I would consider suing the developer as they are the ones that sold you something that potentially they did not have the right to sell.
Is it the developer that is actually moving the fence?
Kind regards
AJ
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