Mr and Mrs A purchased their main residence in 1985 for £200,000. It was situated on three-quarters of an acre and in January 2000 a developer asked to buy a third of the land to use as the garden of a house, which he was developing on an adjoining plot.
Mr and Mrs A decided that, to retain control of the plot, they would pay the builder to construct a house for themselves. To protect the builder, the contract specified that if Mr and Mrs A did not pay for the house within a certain time they would have to sell the land (previously part of their garden) for £185,000.
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