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Original poster

NEIGHBOUR CROSSED THE BOUNDARY BEFORE EXCHANGE

867 replies

MummyToBeAgain1 · 26/03/2025 09:29

Hi

I need some advice please.

We're buying a semi detached property and due to exchange and complete in a week or 2.

Over the weekend we drove past the property to find a fence being built between our garden and the property on the right. I suspected they had come in to our garden at a glance so drove past again yesterday.

The fence had fully been up and clearly it crossed in to our garden (to be). I've attached a quick drawing which shows what I mean. The red line is the fence the neighbour has put up.

Just for some context this is a auction property as the owner has died and the children wanted a quick sale. This means that we have a deadline for completition which makes things more stressful.

What do we do now?

Tia

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NEIGHBOUR CROSSED THE BOUNDARY BEFORE EXCHANGE
OP posts:
Doggymummar · 02/04/2025 17:53

I think you have been extremely passive to be honest, I know you were trying to respect the 31st March deadline but you should be thinking of yourself.

Original poster
MummyToBeAgain1 · 02/04/2025 16:54

MinnieGirl · 02/04/2025 16:32

To be honest… yes!
At the moment the only person who knows about this is you! Personally, I would contact the auction house and the sellers if you have their contact details. I would be screaming merry hell! It’s already Wednesday so only two days left in the working week. Get back onto your solicitor in the morning, but I would be shouting very loudly to everyone.

Show quote history

I've no idea who the sellers are but do have a direct contact for the auction company so will speak to her in the morning.

OP posts:
Original poster
MummyToBeAgain1 · 02/04/2025 16:47

Right, called my solicitor now - no answer so sent her an email. I'll call her first thing in the morning again and then the auction person straight after.

OP posts:
SweetLathyrus · 02/04/2025 16:34

The other thing to consider is that your six week deadline includes bank holidays and possible annual leave and holidays on all sides.

I'd be pushing and chasing hard.

MinnieGirl · 02/04/2025 16:32

MummyToBeAgain1 · 02/04/2025 16:24

I'm panicking now. Do you think I'm being too laid back? I just feel like 6 weeks is enough time to get it sorted but I guess that's only if the neighbours complies and fixes the issue.
I think I need to call my solicitor again tomorrow morning, don't I!

To be honest… yes!
At the moment the only person who knows about this is you! Personally, I would contact the auction house and the sellers if you have their contact details. I would be screaming merry hell! It’s already Wednesday so only two days left in the working week. Get back onto your solicitor in the morning, but I would be shouting very loudly to everyone.

8misskitty8 · 02/04/2025 16:30

I’d call your solicitor now, not wait until the morning.

TheHerboriste · 02/04/2025 16:25

MummyToBeAgain1 · 02/04/2025 16:24

I'm panicking now. Do you think I'm being too laid back? I just feel like 6 weeks is enough time to get it sorted but I guess that's only if the neighbours complies and fixes the issue.
I think I need to call my solicitor again tomorrow morning, don't I!

I think you need to be more aggressive, yes. Every day that goes by the situation is more entrenched. This needed to be nipped in the bud ASAP.

Original poster
MummyToBeAgain1 · 02/04/2025 16:24

I'm panicking now. Do you think I'm being too laid back? I just feel like 6 weeks is enough time to get it sorted but I guess that's only if the neighbours complies and fixes the issue.
I think I need to call my solicitor again tomorrow morning, don't I!

OP posts:
godmum56 · 02/04/2025 15:51

snotathing · 02/04/2025 15:35

The sellers might not have the stomach for an argument with the neighbours and could let them keep the new boundary where it is and sell to someone else who sees the new fence from the start.

Your solicitor seems a bit slow getting a reply from the other side.

In that case they will owe the action house their fees and probably also the buyer's 10k fees.

snotathing · 02/04/2025 15:35

The sellers might not have the stomach for an argument with the neighbours and could let them keep the new boundary where it is and sell to someone else who sees the new fence from the start.

Your solicitor seems a bit slow getting a reply from the other side.

GabriellaMontez · 02/04/2025 15:29

So, in all likelihood the sellers don't even know what has happened.

Does the auction house know? Because they surely, should be informed that the vendors are selling something that is not as described.

They may even have experience in this.

I know youre trying to wait patiently but imvho you're being very passive.

Yes its possible to move a wall. But if the neighbours don't comply, there could be a long battle ahead. And you haven't even established what the process is, let alone begun it.

NotNowMrTumble · 02/04/2025 14:46

You definitely need to step up the legal aspect of this otherwise it will bite you on the bum when you come to sell.

Iamnotalemming · 02/04/2025 13:39

MummyToBeAgain1 · 02/04/2025 12:59

How would the sellers solicitor verify our allegation though?
I'm sure it would be naive for them to just blindly take our word for it. As for the pictures, they could be for anyones garden.

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I imagine they will just ask the sellers if they know about it, and then the sellers will need to go and have a look for themselves, armed with a copy of the title plan.

godmum56 · 02/04/2025 13:13

MummyToBeAgain1 · 02/04/2025 12:59

How would the sellers solicitor verify our allegation though?
I'm sure it would be naive for them to just blindly take our word for it. As for the pictures, they could be for anyones garden.

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Surely the legal pack will show the correct boundary? Maybe photos of the property before the land grab? The sellers solicitor will go to the seller and I am guessing the seller can only really say one of three things...the first one is that the neighbour has landgrabbed, the second is that they sold or gave the land to the neighbour in which case there should be a record of the transfer and they shouldn't have declared an incorrect boundary to the auction, the third is that the boundary was always as it is now and they declared a wrong boundary to the auction.

Original poster
MummyToBeAgain1 · 02/04/2025 13:00

GabriellaMontez · 02/04/2025 12:19

Do your sellers even know about this yet?

Because if they don't, I'd want to make sure they knew.

It's my solicitor who will be notifying them.

OP posts:
Original poster
MummyToBeAgain1 · 02/04/2025 12:59

Iamnotalemming · 02/04/2025 12:40

@MummyToBeAgain1 I would expect as you have said, that your solicitor will write to the seller's solicitor, and then investigate with the seller. Unless the seller knows the neighbours well enough to speak to them about it, there will probably be a legal letter to the neighbours pointing out that their thievery has been noticed and they need to rectify the boundary. How the neighbours react will be informative about what they may he like to live next to, so you might want to ask to see copies of any correspondence.

You might want to ask your solicitor about what the consequences are if the boundary issue is not resolved by the deadline as well.

How would the sellers solicitor verify our allegation though?
I'm sure it would be naive for them to just blindly take our word for it. As for the pictures, they could be for anyones garden.

OP posts:
Iamnotalemming · 02/04/2025 12:40

@MummyToBeAgain1 I would expect as you have said, that your solicitor will write to the seller's solicitor, and then investigate with the seller. Unless the seller knows the neighbours well enough to speak to them about it, there will probably be a legal letter to the neighbours pointing out that their thievery has been noticed and they need to rectify the boundary. How the neighbours react will be informative about what they may he like to live next to, so you might want to ask to see copies of any correspondence.

You might want to ask your solicitor about what the consequences are if the boundary issue is not resolved by the deadline as well.

GabriellaMontez · 02/04/2025 12:19

Do your sellers even know about this yet?

Because if they don't, I'd want to make sure they knew.

MinnieGirl · 02/04/2025 12:03

MummyToBeAgain1 · 02/04/2025 10:14

The auction company set the deadline.

It took the CF neighbour 1/2 days to create this mess so hopefully he sorts it out as quick. Otherwise, the seller will need to request an extension to the deadline till they manage to sort it.

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Fingers crossed…

Hopefully once the sellers solicitor gets into the CF’s things will move quickly.
They probably think they’ve got away with it…

Original poster
MummyToBeAgain1 · 02/04/2025 11:56

RideMeSidewaysWasAnother1 · 28/03/2025 13:29

I wish every client was as considerate and patient as you ❤

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Whilst I'm sat here waiting to see how we proceed as per my solicitors guidance, may I ask you a question.

I'm under the impression you work within this field, would you know what happens next in my scenario?

Is it as simple as my solicitor sends an email to the sellers solicitor to fix the issue. The sellers solicitor then contacts the seller and they decide between them whether the seller will approach the neighbour or the solicitor will send a letter to them?

Any info would be helpful, the 'not knowing what to expect' is the hardest part.

OP posts:
Original poster
MummyToBeAgain1 · 02/04/2025 10:14

MinnieGirl · 02/04/2025 09:38

Who set the deadline?
I would be resisting that as even if the CF neighbours admit what they’ve done, it needs to be made good before you complete. If they don’t admit it and want to right then it could take a very long time.

Show quote history

The auction company set the deadline.

It took the CF neighbour 1/2 days to create this mess so hopefully he sorts it out as quick. Otherwise, the seller will need to request an extension to the deadline till they manage to sort it.

OP posts:
MinnieGirl · 02/04/2025 09:38

MummyToBeAgain1 · 01/04/2025 20:55

Honestly, I've been checking my emails - glaring at my phone all day long. I sent the email to my solicitor with as much detail as you can imagine. I've since called and the receptionist said my sols looking in to it and will update me as soon as poss.

My solicitors fantastic - I know this because I've used her in the past so I've got full faith in her. Smile

On another note - a deadline has been set for completition - about 6 weeks from now which I think is more than enough time to sort this situation out.

Show quote history

Who set the deadline?
I would be resisting that as even if the CF neighbours admit what they’ve done, it needs to be made good before you complete. If they don’t admit it and want to right then it could take a very long time.

Original poster
MummyToBeAgain1 · 01/04/2025 20:55

Just1outof8billion · 01/04/2025 12:27

Shamelessly waiting for an update ☺️

Honestly, I've been checking my emails - glaring at my phone all day long. I sent the email to my solicitor with as much detail as you can imagine. I've since called and the receptionist said my sols looking in to it and will update me as soon as poss.

My solicitors fantastic - I know this because I've used her in the past so I've got full faith in her. Smile

On another note - a deadline has been set for completition - about 6 weeks from now which I think is more than enough time to sort this situation out.

OP posts:
MinnieGirl · 01/04/2025 16:38

WiddlinDiddlin · 01/04/2025 15:32

I'd be gobsmacked if the OP cannot withdraw from the purchase given that what she 'bought' is now not what is actually there.

Her contract is to buy X, but what actually exists is now Y!

That’s what I thought.

WiddlinDiddlin · 01/04/2025 15:32

I'd be gobsmacked if the OP cannot withdraw from the purchase given that what she 'bought' is now not what is actually there.

Her contract is to buy X, but what actually exists is now Y!