Homeowner in dispute with property developer

Wed 10 Mar 2010

A dispute has arisen between a homeowner in Cambridgeshire and a property developer after a contractor erected a boundary fence in the wrong position.

The mistake means that part of a garden pond built by Christopher Doyle of Lower Cambourne is owned by local developers MCA.

Mr Doyle has told the Hunts Post he did not know that part of the land was owned by a third party until he received a letter stating this fact.

Housebuilding firm Bovis Homes has acknowledged that contractors put up the boundary fence in the wrong position.

However, the company has told him he can keep the pond as long he agrees to have it for at least 20 years.

Mr Doyle believes this could stop him from selling his home should he decide to move in the future.

He described the dispute as a "frustrating" situation and said he feels he is being punished because of the contractor's original error.

Bovis Homes is one of the most successful housebuilders in the UK and specialises in many kinds of residential properties, including small apartments and large detached homes.

Emma Chadwick, a partner at Winckworth Sherwood Solicitors, commented: "It is very unfortunate that homeowners can find themselves in this position without a legal claim to the land.

"Whilst it might be possible in some limited circumstances to argue that the parties intended to include the disputed land within the landowner's title, this will be exceptional.

"There is some protection against wasting money on development of their own property to be gained by consulting conveyancing or Land Registry plans before starting works, to check ownership."