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Hi!
I bought a Barratt home in 2014. it had a garden which contained 30 trees in it. The trees were all extremely unhealthy and I paid to maintain the few that were ok to survive and fully landscape the garden.
I bought the property from the original owner who purchased in 2007. What I didn't realise is that the fence that was put up by Barratt, was actually put in the wrong place. and my boundary ended up gaining me approx. 12m3 and I have put a shed on it (prior to finding out that part of the garden wasn't mine!)
At the back of my fence, there was a waste land bit that people kept fly tipping on, it also had a lot of trees on that were in a similar condition to the ones I had chopped in my garden. I enquired to Barratt to ask if I could buy the piece of land so I could maintain it. it was a complete eyesore at the back of my house and I had a right of way through that piece of ground to get to my back gate. Barratt said they did not own the ground and it was passed on to the management agent. the agent they were naming actually went bankrupt and the owners are on the run from HMRC.
As i went from pillar to post, including paying for a land registry- I found Barratt did own the land, and they did not successfully transfer ownership to the management company.
Ok so fast forward to last year. Because I had made the enquiry to the land agent who manages our estate, they realised the plot wasn't owned by them, and they sent me a letter asking me to prove the fence had authority to where it was, or to move my fence.
I then went back to the agent and asked them how much they wanted for the piece of land, because I had a shed and a wildlife pen in the corner (we run a hedgehog rescue from home) the agent has basically used the excuse of covid til after xmas this year.
Now I would like to understand what I can do here.
I bought the house in 2014, with an incorrect boundary. I contacted my solicitor, who has advised last year that they have destroyed my conveyancing pack (of which I have found is possibly negligent on their side as they should keep it for 14 years?)
The fence has been in place since 2007 because Barratt actually put it there, as there were so many trees in the way they could not put it in a diagonal, it was easier for them to put it in a straight edge.
I also have a letter from Barratt who have confirmed in 2007 that the guy who i bought the house from was OK to plant shrubs against the "new" boundary border. Emphasis on "new"
So, to recap, after asking to buy a plot of land at the back of my garden so I can grow wildflowers on it, I have opened a can of worms and found out I technically have stolen part of that land (well me/previous owner, whatever)
Can I have adverse possession due to the corner of my garden being tended and fenced off by myself since 2014, and since 2007 from the previous owner.
The land agent seems to be under the impression its worth a stack of money-
Even if anyone on here can recommend a solicitor who can help with boundaries and adverse possession I am literally prepared to pay!
I bought a Barratt home in 2014. it had a garden which contained 30 trees in it. The trees were all extremely unhealthy and I paid to maintain the few that were ok to survive and fully landscape the garden.
I bought the property from the original owner who purchased in 2007. What I didn't realise is that the fence that was put up by Barratt, was actually put in the wrong place. and my boundary ended up gaining me approx. 12m3 and I have put a shed on it (prior to finding out that part of the garden wasn't mine!)
At the back of my fence, there was a waste land bit that people kept fly tipping on, it also had a lot of trees on that were in a similar condition to the ones I had chopped in my garden. I enquired to Barratt to ask if I could buy the piece of land so I could maintain it. it was a complete eyesore at the back of my house and I had a right of way through that piece of ground to get to my back gate. Barratt said they did not own the ground and it was passed on to the management agent. the agent they were naming actually went bankrupt and the owners are on the run from HMRC.
As i went from pillar to post, including paying for a land registry- I found Barratt did own the land, and they did not successfully transfer ownership to the management company.
Ok so fast forward to last year. Because I had made the enquiry to the land agent who manages our estate, they realised the plot wasn't owned by them, and they sent me a letter asking me to prove the fence had authority to where it was, or to move my fence.
I then went back to the agent and asked them how much they wanted for the piece of land, because I had a shed and a wildlife pen in the corner (we run a hedgehog rescue from home) the agent has basically used the excuse of covid til after xmas this year.
Now I would like to understand what I can do here.
I bought the house in 2014, with an incorrect boundary. I contacted my solicitor, who has advised last year that they have destroyed my conveyancing pack (of which I have found is possibly negligent on their side as they should keep it for 14 years?)
The fence has been in place since 2007 because Barratt actually put it there, as there were so many trees in the way they could not put it in a diagonal, it was easier for them to put it in a straight edge.
I also have a letter from Barratt who have confirmed in 2007 that the guy who i bought the house from was OK to plant shrubs against the "new" boundary border. Emphasis on "new"
So, to recap, after asking to buy a plot of land at the back of my garden so I can grow wildflowers on it, I have opened a can of worms and found out I technically have stolen part of that land (well me/previous owner, whatever)
Can I have adverse possession due to the corner of my garden being tended and fenced off by myself since 2014, and since 2007 from the previous owner.
The land agent seems to be under the impression its worth a stack of money-
Even if anyone on here can recommend a solicitor who can help with boundaries and adverse possession I am literally prepared to pay!
