How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask INC Law Your Own Question
INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 15946
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
12179604
Type Your Law Question Here...
INC Law is online now

I have a question regarding a boundary change on my new

Customer Question

I have a question regarding a boundary change on my new build home
JA: Where are you? It matters because laws vary by location.
Customer: Hampshire, United Kingdom
JA: What steps have you taken so far?
Customer: Spoken t the developer who are willing to help
JA: Anything else you want the Lawyer to know before I connect you?
Customer: *Spoken to the developer who is not willing to help
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
before boundary change
Customer: replied 1 year ago.
after boundary change
Customer: replied 1 year ago.
We purchased a new build home from Bloor in August 2019 for £390k and besides some issues with fences being put in the wrong places, we have been very happy with it. A few months ago I received a letter from our Conveyancing solicitor asking us to sign some amended boundaries, which I thought was odd so long after we had completed the sale. We were given no explanation as to what the changes were so I refused to sign until we knew what was being changed.It transpires that a large section of our driveway is being taken away from us by the land registry as it needs to be used as a turning point for emergency services. There is a separate turning circle outside our house for exactly this purpose, which Bloor advised us about when we bought the house. The plans we signed on completion showed that we would own the whole of our drive, which is the largest in the area by some way, a fact that sales advisors repeatedly used to secure the sale telling us we could easily fit three or four cars on it. Now, we will only actually own enough land for one. A friend has kindly taken some photos with a drone to show how much smaller our property will be and the difference is really quite significant.Bloor have miss-sold us the house and have taken our money for a portion of land which is now being taken by the land registry. If this land was needed by the land registry then an experienced housing developer like Bloor should surely have known this prior to taking our money. We would not have bought the house if we had known and my partner only agreed to purchasing this house due to the drive, he did not want this plot otherwise as it had already been specced by a previous buyer that fell through and is next to a large block of flats. I convinced her that the larger driveway would make our house more saleable in future. Bloor actually said that ‘The signing of the amended boundary plans for your property will prevent any difficulties for any future sale of the property.’ Which I find quite incredible as the house will be harder to sell with a smaller drive.Bloor have advised they are not willing to do anything about it, saying that although we won’t own the land, we can still park there, which is nonsense. There are plenty of places I can park my car where we live that I don’t own, the problem is Bloor have pocketed the money for this piece of land which I will no longer own.
Customer: replied 1 year ago.
The whole situation has become incredibly stressful as ultimately I convinced my partner that buying this house with the bigger drive would mean it would be more desirable and saleable in future, for which she sacrificed the opportunity to pick the kitchen and bathroom etc. and not have to live next to a large block of flats.
Expert:  INC Law replied 1 year ago.

Hi,

Thank you for your query. What are you trying to achieve, I assume, you are looking for a refund of an amount?

Customer: replied 1 year ago.
Hi, according to Bloor, the land is legally required for this purpose so I'm not expecting to get my land back. I do however think we have been miss-sold the house and think that some compensation for the reduction in property size would be in order. Also some compensation for the stress this has caused. We would not have bought this house had we known as there were numerous other identical houses available at the time with space for two cars. Bloor have essentially sold us land, that was not available to be sold.
Expert:  INC Law replied 1 year ago.

Hi,

Based on the limited information you have provided, it would appear you would have a potential claim for damages. This would include costs plus the difference in value of the property. I would suggest you engage a local property litigation lawyer to write to the developers laying out the basis of your claim and demanding a payment of some sort.

If they do not agree, it seems this will have to be decided by the courts.

You will be able to find details of a local litigation lawyer on the law society website under the section Find A Solicitor. The web address is: www.lawsociety.org.uk

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks,