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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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I purchased my house in January cash; however I have just

Customer Question

I purchased my house in January cash; however I have just discovered that the builder hasn't wrote the deeds over to me. Who owns the house? and can i give it back to them?

I have had nothing but problems with the builder and they mislead me into thinking I would have a stunning view... didn't tell me there would be a huge tree blocking the view.

Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Thank you for your question
My name is Clare
I will do my best to help you but I need some further information first.
Who acted for you in the purchase - by which I mean which solicitor
Customer: replied 3 years ago.

Hi Clare, They are now saying that the deed certificate has come through, however, my builders guarantee is still pending.

I have been sold a bad plot and was mislead (by way of photos and email and phone) into believing that I would have stunning views over the Derwent Valley and magnificent sun sets from my back doors. I have neither because there is a huge chestnut tree in the way and there is a protection order on it. That didn't stop them from cutting the tree back to get my garden boundaries in. Now the tree is growing back and encroaching over my garden and they won't do a thing about it.

This plot has a side access road for 4 houses to use to access their houses. My access is only walking access to my rear garden. There is no boundary lines. I have put up a no parking sign because people come into the road and park against my house and fence blocking my walkway. The new neighbour that has just moved in has threatened me and told me to take it down or else he will.

In addition, the front off the road is adjacent to my open drive, the only separation is a change in the ground tiles. He knows it is my property: however, he wants to be able to cut the corner and drive over my land. I have put potted plants up there to let people know they can't drive over it, but last week, visitors to his house drove through my plants. I swept it up and put new pots in, then the next day another van drove through them again. I went to see the neighbour and told them and they were very rude and couldn't care less and said I put them up at my own risk. The builders sales rep told them that!

The builder will not help. They sold me a piece of land in front of my house for 2 cars, now they are saying whatever I put there is done so at my own risk! Surely I should be able to park my car and put potted plants on my own land and they should be safe?

I have been fighting with the builder for months trying to get them to let me put up some sort of barrier. Because they have not transferred to the council yet, they can't help me, so I am at the mercy of a stubborn builder.

All this stress is really affecting my health. I can't relax in my own home. Someone told me that if I got a doctors note the council would cut the tree back and allow me to have a barrier but because it hasn't been passed over yet, will the builder be under the same obligation?

Hope this makes it more clear.

Thanks, Pam

Expert:  Clare replied 3 years ago.
I am sorry but you are the owner of the property and there is nothing that you can do to change that
You may well have a claim against the seller for misrepresentation but that is a separate issue and you will need to instruct a solicitor face to face to review the paperwork and advise on the way forward in respect of your claim against the builders - and against your neighbours for the costs of replacing your plant pots
Please ask if you need further details