On the 1st April 2007 my husband and I purchased a new home.

On the 1st April 2007 my husband and I purchased a new home. We were provided with two years Persimmon new homes warranty. It became clear that the fence which divided our property from our neighbours has been wrongly erected.

It seems that the fence should have been placed in straight line, but has in fact been placed at an angle. The result of this is that that we have been deprived of several feet of our garden, and the drainage pipe of our garage is in our neighbour’s property.
It is not clear whose responsibility this pipe would be or what the position would be if it became blocked.

The placement of the boundary does not accord with the land registry plans of our property which seem to clearly show that the edge of the fence should be level with the edge of the garage wall.

I brought this this issue to Persimmon’s attention in 2008, well within the warranty period. Since that date, I have not received any response. I have made various telephone calls to Persimmon as can be evidenced from my mobile telephone records. I also enclose email correspondence in which it is clear I have raised the issue.

I have been informed that the office which dealt with the purchase has closed and that the file has been mislaid. Clearly, this is of no assistance to me.

It seems that if I were to sell the property, the fact that the title plan as registered at the land registry does not match the physical boundary of the property, may well delay any sale and may necessitate a deed of rectification.

I do not propose to pursue the matter with my neighbour. It is clear that this situation arose as a result of the mis erection of the fence and that I brought this to Persimmon’s attention well within the warranty period.

It also seems that rectifying the matter will not be a simply involve moving the fence.
This is because the land registry plans, upon which I am entitled to rely, show clearly that the fence should be level with the edge of the garage should be level with the front wall of the property. It therefore would also seem likely that the garage would have to be moved. It seems to us that the builders have worked to a different set of plans than those which have been registered at the Land Registry.

I have tried to resolve this matter with Persimmon for over 3 years.
We were sent a letter in 2008 which stated that we should leave the back gate open as a surveyor would visit the property. We have never received any further correspondence or information as to what action Persimmon proposed to take.

Please advise what we should do