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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?

Bingooo Tue 09-Jul-13 20:12:13

They seem to thikn it is where the original fence was hmm and DH thinks I'm overreacting which is why I'm a bit unsure whether this is ok or not.

HansieMom Tue 09-Jul-13 20:15:42

Get it surveyed! Get corners marked! It is not expensive at all here in the States. I think it cost us less than $300 and we have five acres.

I want every square inch of my land. I treasure it.

HansieMom Tue 09-Jul-13 20:17:17

So they want a bit of flower bed? Tough shit. Should have thought of that when they built all over their land.

LIZS Tue 09-Jul-13 20:19:22

Can you be sure the fence you are comparing it to is actually correct though. Really, make it not your problem , that is why you pay a solicitor to resolve such issues. However, given the houses are attached and you may need to get along with the neighbours is it really worth either the anxiety of trying to do so in the wake of raising this or angst of an argument and delays before purchase.

Plomino Tue 09-Jul-13 20:20:20

Do you really really need to buy THIS house ? Surely there must be others just as good , bearing in mind the property market at the moment . I really think if you plough on and carry this purchase through , you are setting yourselves up for years and YEARS of aggravation , that will eventually sour the enjoyment of your home, no matter how convenient for schools , or work , no matter how lovely it is . Because it might be just a fence , but I guarantee there will be other issues that come to light , when its too late to back out . And if you do have a dispute with them , and you decide to sell because you can't stand it any more , you'll have to declare it , which won't exactly enamour the place to other buyers .

Find somewhere else , while,you can, if you can .

LIZS Tue 09-Jul-13 20:21:55

The vendor should pay for a surveyor if needs be to ensure the plot they are selling is as described in the deeds. They could agree to move it , you exchange only to discover it has shifted back again on completion . Then where does that leave you ? Ill feeling all round.

LunaticFringe Tue 09-Jul-13 20:25:24

Message withdrawn at poster's request.

Bingooo Tue 09-Jul-13 20:29:27

I may contact one of the vendors directly (I have his number) and ask him to go and talk to them as he is friendly with them.

Bingooo Tue 09-Jul-13 20:30:19

I am surprised that they could be so cheeky actually, I feel a bit odd about the whole thing.

LIZS Tue 09-Jul-13 20:31:42

No don't get involved . They have a vested interest in getting the property sold and without a legal intermediary whatever they say to you means very little.

HansieMom Tue 09-Jul-13 20:32:16

Lunatic, the survey TELLS where the line is. Legally. I do not understand what the 'agreement' thing is.

Comfyseat Tue 09-Jul-13 20:32:37

Message withdrawn at poster's request.

Squitten Tue 09-Jul-13 20:36:34

If you REALLY want this house (and do bear in mind that you have advance warning about your neighbours now!), then you should avoid making this your problem.

Simply contact their solicitor via yours or the estate agent and tell them what's happened. Tell them that you won't be exchanging until it's sorted out. End of. Boundary disputes like this could come back to bite you when you are selling it later on!

LunaticFringe Tue 09-Jul-13 20:46:41

Message withdrawn at poster's request.

greenfolder Tue 09-Jul-13 20:50:19

It looks like a terraced house? Surely it just runs from between the windows ie the position of the internal wall in a straight line down the garden. Eight inches of garden is a lot in this sort of garden

starfishmummy Tue 09-Jul-13 20:56:00

I think you need expert advice. I am sure that I have read that if the (neighbours) havee been using that land for a certain number of years and it has never been questioned, they may have acquired rights over it.

Bingooo Tue 09-Jul-13 20:56:26

Yes it is a Victorian terrace and to me the boundary is pretty clear. DH have decided I may have a point and that he will just move the fence, he is ruder braver than I am when it come to neighbourly disputes

LunaticFringe Tue 09-Jul-13 20:58:43

Message withdrawn at poster's request.

Bingooo Tue 09-Jul-13 21:04:38

Well that, or put up a new one in the correct position.

Bingooo Tue 09-Jul-13 21:06:39

If there is no way of enforcing a boundary line, then we may as well put it where it should be, in line with the original concrete divider. What can they do apart from take us to court?

HansieMom Tue 09-Jul-13 21:16:06

Wow, Lunatic, very interesting. And unsettling! Thanks for clarification.

Not that our laws here are any guarantee. When we moved in, neighbor had just completed a barn. He calls it a barn, it is just a shed like a long garage. We were told he had gotten permission to place it five feet way rather than the required ten feet. We had land surveyed. It is 19.5 inches away! But nothing could be done as a year had passed.

And furthermore, it is bright red! We planted big conifers. And installed a fence.

LunaticFringe Tue 09-Jul-13 21:36:22

Message withdrawn at poster's request.

JackNoneReacher Tue 09-Jul-13 21:44:22

YANBU to make sure this is done properly and I think its important to get it done properly from the start and make it clear you will be having your garden no matter what strange set up they've had until now.

Not sure if I would be brave enough to move there though. They sound like trouble. No wonder they were so keen to get a fence up!!

Inertia Tue 09-Jul-13 21:44:59

When you say you are set to complete, does that mean you've already exchanged contracts?

If you haven't exchanged contracts, I'd strongly suggest (disclaimer: not a solicitor!) that your solicitor and their solicitor work together to get a cast-iron agreement in place and in the contract about exactly where the boundary is. The problem is that it's very difficult to enforce boundaries anyway, so any dispute will ending up costing thousands.

I think you either accept the fence or buy a different house.

Onesleeptillwembley Tue 09-Jul-13 21:45:25

I'd avoid this house like a prossie with the clap.

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