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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

Sensitive content
NEIGHBOUR CROSSED THE BOUNDARY BEFORE EXCHANGE
OP posts:
EvangelicalAboutButteredToast · 26/03/2025 11:34

This isn’t uncommon I’m afraid.

When my neighbour replaced the fence their workman did come onto our land (without permission) and whilst I was irritated I do think they have the right to access adjoining land if it’s to repair or maintain property. So I’m not sure crossing the boundary is necessarily trespass but stealing land is definitely a civil matter which needs addressing.

I would be calculating how much it’s going to cost to pull out of the sale as this is an ominous start and boundary issues are a really horrible and messy business. Even if the current owners persuade next door to move the fence you are always going to feel on edge that they might do it again while you are on holiday etc.

Jc2001 · 26/03/2025 11:32

Bitofanchange · 26/03/2025 09:40

That’s a warning sign that they are CFs!

No idea what you do though, maybe knock on their door and say you’ve noticed that the fence is on your land, sort of setting your boundary?

No you're paying a solicitor for this sort of thing. You can't start engaging with neighbours for a property you don't even own. It's not their garden yet, but it is something that needs to be addressed before you exchange .

godmum56 · 26/03/2025 11:32

MummyToBeAgain1 · 26/03/2025 11:31

@JurgenKloppsTeeth
The reason it was on auction was because the 96 yr old owner died towards the end of last year. The house needs modernisation/gas connection/central heating/new wiring.
The owners children are scattered around the UK so ultimately wanted a quick sale.

that is what they have told you and I am not saying its not true......but it might not be ALL the truth!!

Original poster
MummyToBeAgain1 · 26/03/2025 11:31

@JurgenKloppsTeeth
The reason it was on auction was because the 96 yr old owner died towards the end of last year. The house needs modernisation/gas connection/central heating/new wiring.
The owners children are scattered around the UK so ultimately wanted a quick sale.

OP posts:
Easterbunnygettingsorted · 26/03/2025 11:31

Off to Tesco for popcorn.. Anyone want anything?

GoodOldTrayBake · 26/03/2025 11:29

SoonTheDaffodilsWillBeOver · 26/03/2025 09:45

To be clear OP - this is not your house. You haven’t even exchanged yet. So you can’t go to the neighbours and say the fence is on your land, because it’s not yet your land.

I would go through your solicitors and say there appears to be a boundary dispute, and you need the sellers to resolve this before exchange. Then it’s their problem.

Exactly this. It might be an auction property butt the beneficiaries of the deceased’s estate are the current owners and it is up to them to resolve the dispute before exchange. Your solicitor will contact the solicitors and agents on the other side and inform them of the issue. Exchange should only happen once it’s resolved.

3peassuit · 26/03/2025 11:28

Boundary disputes between neighbours can end up costing a load more than the £10k you’re already in for. Beware.

jeaux90 · 26/03/2025 11:28

Onus is on the seller to resolve as per their contract pack with you.

JurgenKloppsTeeth · 26/03/2025 11:28

Why was it sold at auction rather than using an agent? Because they knew the neighbours were arseholes but didn’t want to report them because it would need declaring and didn’t want the prospective buyer to find out until it was too late?

I would be very suspicious.

Original poster
MummyToBeAgain1 · 26/03/2025 11:27

@MrsOvertonsWindow
The tape measure is already sat in my bag waiting for action!

OP posts:
Original poster
MummyToBeAgain1 · 26/03/2025 11:26

@MyrtlethePurpleTurtle
No idea - I just drew a vague outline of what I was talking about - no personal/sensitive info at all.

OP posts:
MrsOvertonsWindow · 26/03/2025 11:26

Good luck with the visit. Don't forget to take a long tape measure so you can measure the precise dimensions.

MyrtlethePurpleTurtle · 26/03/2025 11:24

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

Missing the point perhaps - but why is the photo marked 'sensitive content'?

Original poster
MummyToBeAgain1 · 26/03/2025 11:21

@Doggymummar
From the outside it looks around 1.5ft/2ft.

OP posts:
Doggymummar · 26/03/2025 11:16

How much does it look like they have pinched? Inches, feet, metres ?

FiveBarGate · 26/03/2025 11:14

While you certainly need to establish it is in the right place, I don't think it necessarily means your neighbour is a nightmare.

If the house has been empty having a ramshackle dividing line may not have mattered.

But new neighbours who are likely to be doing building work which will inevitably mean the back garden becomes an eyesore while it is ongoing, is the time you want a proper fence.

Original poster
MummyToBeAgain1 · 26/03/2025 11:14

Right, spoken to DH who said to check if we can view the property today - booked for 1pm. As soon as I'm out of there - I'll be calling our solicitor straight away and then feet up and a cuppa! And ofcourse, I shall update on here!

I feel like I'm anxious just incase I've got it wrong hence why I want to visit the inside of the garden and also take some piks aswell for our solicitor as proof..

As the house is empty - I doubt the owners children are aware of this new fence.

I know the children did come back to the property a few times over the last few weeks to pick up stuff but I suspect they're done now.

Here's my theory - I'm assuming they may have had a informal chat with the neighbour. The neighbour who knew the house was up for sale as there's a house for sale board up but nothing more. The sellers children may have also mentioned that this would be they last visit as they done with what they had to do.
Light bulb moment for the neighbour who thought fantastic time to put up the fence whereever I prefer. The sellers won't know and buyers will know when it's too late.

Unfortunate for the neighbours - we're obsessed with this property and the location and so excited that we drive past atleast once a week so ultimately caught them out.

OP posts:
Doggymummar · 26/03/2025 11:13

Chancers

candycane222 · 26/03/2025 11:12

DogPawsMud · 26/03/2025 10:44

Run is my advice, you will never have peace of mind living next to people like this.

Pursue the 10K by all means of course but I can imagine a future you where you would happily lose 10K to not have to live next to these people.

Did any former disputes with the neighbours come up during the background checks?

Edited

Actually I kind agree with this too

candycane222 · 26/03/2025 11:09

I wouldn't contact the neighbour at this point, but the vendor (through your solicitor) . As pps say this is now no longer the property you bid on, and at the very least they should give you a price reduction, so this is definitely their problem. I suppose in theory the vendor coud retrospectively sell the strip to neighbour to recoup some of the loss but yes, this is an issue between the neighouring landowners ie the vendor and the neighbour.

ExpressCheckout · 26/03/2025 11:08

ButterCrackers · 26/03/2025 10:22

This is not the property you bought because land has been taken by the neighbour. Get advice from your solicitor. The auction fees need checking as well because you bought something but it isn’t as stated now. You might be able to get these back. The seller is the one to sort it out with the neighbour.

^ this. The auction fees need checking as well because you bought something but it isn’t as stated now is the main point. Keeping this in mind may reassure you about the auction fees. Anyway you need proper legal advice not us Mumsnetters!

Bulldog01 · 26/03/2025 11:02

This is a Red flag to me.I have over the years had Neighbours who Park outside my house, Block my Husband's car in on his driveway.Drive over our path to park their car on there driveway.I used to always give them the benefit of the doubt! But sadly we live in a very selfish entitled society.If I was in your position,I would take a couple of photos,then straight to your solicitors. I really feel for you! I would not feel ok to be living next door to Neighbours with that attitude.Go with your gut feeling!

Northerngirl821 · 26/03/2025 11:00

Don’t talk to the seller or the neighbour, let the solicitor sort it out. It’s their job and they should already have the land registry documents showing exactly where the boundary is. Ring them now so they can get on the case. If the property is empty then the seller may not be aware this has happened - the sooner they know, the sooner it can be sorted.

Fanta1986 · 26/03/2025 10:59

The TA6 form in your legal pack asks about boundaries including whether a boundary has moved or been moved. It also contains wording to the effect of “If you later become aware of any information which would alter any replies you have given, you must inform your solicitor immediately. This is as important as giving the right answer in the first place.” So the seller is duty-bound to disclose this new information. Definitely one for your solicitor.

Ohnobackagain · 26/03/2025 10:59

@MummyToBeAgain1 follow @SoonTheDaffodilsWillBeOver ’s advice - back to your conveyancer/solicitor. Neighbour probably thinks they can get it done on the quiet without having to ask the (deceased) owner.