Selling Section of Land – Advice Required
12:13 PM, 7th February 2016, 10 years ago
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I bought a new house in Cornwall from a developer, it has been established that they have built an unoccupied office over my boundary, they accept they are in the wrong.
What price should I be asking as they want to buy this land?
It is only about 5 sq m, and we wouldn’t use it.
Can anybody please help?
Thanks
Martin
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Member Since January 2011 - Comments: 12212 - Articles: 1408
12:16 PM, 7th February 2016, About 10 years ago
Hi Martin
A good starting point might be a free 15 minute telephone consultation with Mark Smith (Barrister-At-Law) at Cotswold Barristers. I don’t think this his his specialist subject but he does have a specialist within his Chambers.
Please see his Property118 member profile which includes a contact form >>> https://www.property118.com/member/?id=1945
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Member Since December 2014 - Comments: 35
2:26 PM, 7th February 2016, About 10 years ago
Would I be correct to say that the office was already built prior to your purchase of the new build???? May I suggest that you carefully read the whole of the original sale contract. A normal contract between a buyer and seller represent a balance between the interest of the buyer and seller. However where a new build is involved inevitably the contract is heavily weighted in the interest of the developer and amongst other matters the developer reserves the right to vary the boundaries in many of the contracts.Thus by how much has the encroachment been??? Do bear in mind in any event De Minimus Non Curat Lex ( The law is not interested in trifle’s )
Member Since December 2015 - Comments: 452
10:58 PM, 7th February 2016, About 10 years ago
How much would a buyer pay per square metre for a vacant plot such as yours? This x5 gives the minimum you would expect.
How much would it cost the office developer to demolish/move the building? This gives the maximum price.
A surveyor jointly appointed, but paid by the erring party, might give a good and acceptable compromise. But bear in mind any aggravation, shading, diminishment of view, restriction on YOU being able to extend, or sell etc, would increase that valuation.