Neighbours boundary dispute!

(99 Posts)
Bingooo Tue 09-Jul-13 19:49:11

We're set to complete on a house we're buying next week.

The elderly neighbours have tended the garden for 40 years and there was no fence when in first went on the market. We explained a fenc ewould need to go up before we bought it, there were only to obliging and offered to do it themselves.... Only problem is it is about 8 inches over the boundary.... I have put pics on my profile.

I spoke to them today and they are adamant that is where the boundary was, I don't believe them. They have built over their whole garden with sun houses and want a bit of flowerbed.

They got pretty shirty with me so I have now left it to the solicitor. DH says I am being ridicuous and we should let them have it but it works out as a bout 3k of garden! AIBU?

bobbywash Wed 10-Jul-13 17:28:01

People do buy houses and then start to claim that the neighbour has nicked their land. Whilst you may get legal expenses insurance with your house policy it will not cover this. However the mortgage co will want to be certain of the boundary of the property that they are lending money on.

If you take it on, knowing there is an issue with the boundary, then as has been said 3 things:-
(i) why would you do that
(ii) Boundary disputes are expensive and take years average cost (in this area - South) is in excess of £50K per side and loser pays other sides costs
(iii) Why would you do that

HansieMom Wed 10-Jul-13 18:01:27

I looked at fence pictures again. It is obvious where houses meet, siding is different. Cement divide is there.

But I too think there are other houses. Why buy a headache that will bother you for years?

I'd be tempted to let it lie. I know I'm a wimp. A similar thing happened to us when our neighbours found some people to put up a fence cheaply after it blew down in the wind. They had universally pissed off everyone else in the street and we were the only ones left who talked to them (they were appalling people! Hoists judgy pants). We decided to leave it in the end. After a weeks of quietly boiling internally we forgot about it. We lost about half a foot along the whole length of garden but it honestly wasn't worth it. They would have made our lives hell.

Please say you haven't exchanged.

culturemulcher Wed 10-Jul-13 19:29:45

Fully agree with everyone who says DO NOT GET INVOLVED. I've studied many boundary disputes over the years and they never, ever, end well.

I think you've gone too far already, especially considering that the house isn't actually yours yet. Take a deep breath and either give in gracefully or find another house to buy.

You do not want to start life in your new house already involved in a dispute with your new neighbours. Really.

BMW6 Wed 10-Jul-13 19:33:13

She says they are completing next week so have already exchanged?

culturemulcher Wed 10-Jul-13 19:34:45

Faint hope they're exchanging and completing on the same day?

SugarPasteGreyhound Wed 10-Jul-13 19:48:05

OP you were categorically told on the last thread that you would be a fool to buy this house. Sorry if this sounds harsh but I have no sympathy for you; you went into this KNOWING that the NDN had issues about the boundary. Despite lots of posters warning you that you'd be opening a huge can of worms and setting yourself up for a nightmare, you've gone ahead anyway.

In view of the above, I'm struggling to understand why you are posting about it again. What's the point of asking for advice if you aren't going to listen to it?

flamingtoaster Wed 10-Jul-13 19:49:20

We pulled out of a house purchase having had the survey done when we discovered there was an unexercised right of way across the bottom of the garden. Rights of way issues and boundary disputes always end badly and cost a lot of money.

As others have said this must be cleared up before the legal process is completed otherwise it will fester for years.

SugarPasteGreyhound Wed 10-Jul-13 19:51:13

Sorry, reading that back it does sound quite blunt! I'm not trying to be nasty, but neighbour disputes are horrific and can drag on for years. Why would you set yourself up for all this stress and hassle?

The house looks lovely BTW, but there are other lovely houses out there, with nice neighbours instead of bloody loons.

Bingooo Wed 10-Jul-13 19:51:28

No haven't exchanged, planning to do both on the same day, which is now Monday. Met up with vendors at house today and they have spoken to neighbours who say fine, put the fence back where it should be... Going to do this at w/e and then exchange & complete on Monday!

MumnGran Wed 10-Jul-13 19:56:13

sugar ...I am just at a loss to understand why a solicitor would have allowed the exchange to go ahead with a boundary query in pace, so would love to hear if the previous thread explained that?

It seems so unlikely....unless OP specifically instructed them that they were not concerned by the issue. Even then .....

Just odd peculiar not a clear picture.

MumnGran Wed 10-Jul-13 19:57:13

Massive X post OP ...and apologies for thinking you had disappeared.
Does your solicitor expect to have clarified the boundary line by MOnday?

diddl Wed 10-Jul-13 20:08:05

I had no idea that you could put up a fence on a property that you don't even own yet!

BMW6 Wed 10-Jul-13 20:14:55

they have spoken to neighbours who say fine, put the fence back where it should be.

So the NDN admit trying to steal your land ....... does not bode well for future relations.

SybilRamkin Wed 10-Jul-13 20:21:32

Well done for getting it all sorted OP! Enjoy your new home.

SugarPasteGreyhound Wed 10-Jul-13 20:22:00

If you are determined to go ahead then fgs get it written into your house docs that the ndn have agreed to the fence going back up and where the boundary line for it is.

I think you are bonkers and would be very surprised if that's the end of it.

500internalerror Wed 10-Jul-13 20:24:07

I can't see the photos on phone, and I haven't read earlier thread. But my initial reaction is of surprise that anyone would be so bothered about 8 inches?! Unless it means the house 'overhanging' into next door & being inaccessible for maintenance? And why would the neighbours take a punt on gaining 8 inches; is it worth the hassle?!

HansieMom Thu 11-Jul-13 00:03:13

It is sounding better.

But the neighbor said, fine, put it back where it should be? Where it SHOULD BE?

How do you put a fence atop a concrete barrier? Seriously. Do you remove concrete where you need to plant a post? Can you get a fence company in to do it?

Possibly you could put post beside the concrete, then put the horizontal 2x4 on the concrete side. Then attach fence boards. If you got on neighbor's side you could nail to the horizontal boards and then fence would be atop the concrete. Good luck with that though.

Hissy Thu 11-Jul-13 07:26:16

DO NOT exchange without resolving this.

Get the land registered, the boundaries agreed NOW.

LIZS Thu 11-Jul-13 07:32:09

Are you going to physically check its position (and photograph) before the transaction goes through ? tbh their promises mean nothing.

ImTooHecsyForYourParty Thu 11-Jul-13 07:44:06

Even if you move it at the weekend, if the fence is that easily moved, what is to stop them moving it back again after you've left?

annh Thu 11-Jul-13 08:03:54

WHO is putting the fence back "where it should be"? Hopefully not you, in a house which you don't yet own, on a boundary which is not yet agreed. Honestly, this just gets worse.

diddl Thu 11-Jul-13 10:06:42

Why isn't the current owner sorting it out rather than the ndn?

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