Author Topic: How Bellway left my garden + 'gifted land'  (Read 1196 times)

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How Bellway left my garden + 'gifted land'
« on: July 22, 2019, 02:30:06 pm »
My girlfriend and I bought our first home together in Nov 18.

Rolling it back a few weeks when we sat down with the sales lady to go through all the plans etc we had a few queries. On the legal drawings of the estate (next to our house) there was a bit of enclosed land with a couple of trees planted, this area wasn't shaded in green so the housing developer were not going to maintain this area. As this was next door to us (end cul-de-sac house) I said am I OK to maintain it (because I wouldn't want it overgrowing etc) she said she would look into it - a couple of docs later were the deed drawings of our house, where it showed we actually owned this area of land. This is where the nightmare started and the use of 'gifted land' by the developer.

If this land is on the deed drawings, can this be gifted?
If not, then why are the legal drawing of the estate not including this in our land?
The developer moved the fence to the perimeter but left the shed plonked in the middle and left the 'gifted land' on a steep slope full of clay. I have made a complaint and after an extensive review they concluded because I had dug my garden they couldn't get a fair sample so stand by their decision. they've told me to contact NHBC

Many thanks for any advice.


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Re: How Bellway left my garden + 'gifted land'
« Reply #1 on: July 23, 2019, 07:33:49 am »
First of all, you own the land usually a perimeter shown "marked in red" on the Title Deeds.
Nothing else as far as I know can change this once the property ownership ahs been transferred.

Whatever the housebuilders show on their estate plans is irrelevant to property ownership, although often these are used for fence ownership and boundary responsibility.

You need to be sure of ownership so contact your solicitor to get confirmation. Then the NHBC can force the builder to ensure the land has the required 100mm (yes that's all) of topsoil on it.
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Re: How Bellway left my garden + 'gifted land'
« Reply #2 on: July 23, 2019, 09:10:29 am »
Thank you - I have requested the information from our solicitor.