NEIGHBOUR CROSSED THE BOUNDARY BEFORE EXCHANGE

Think I would wait until the neighbours are away, then they might find there was a massive storm which blew the fence down and actually you would be willing to pay for the new one, so will have a survey done to get boundary correct....

Just saying

You will need to make sure your property insurance reflects the new, reduced size of your property. Otherwise, these CFs could conceivably make a claim against you for an injury suffered in the patch of your property that they've fenced off for themselves.

Brilliant.

I agree that something still seems amiss, the neighbours have got off Scot free (did they even know they’ve been rumbled?), you have a smaller garden albeit cheaper and sellers have lost out hugely all in a bid to make the date. Neighbours needed to pay for the land really and what happens after completion is really only your business? I’d try a dn get land back I wouldn’t be running to land reg to hand it over

You have purchased what is on the deeds. The reduction is going to be for inconvenience. Go reclaim what is now your land.

I've just re-read OP's update. First time I somehow thought it was being changed on the registry, but now I'm thinking it's possible to take the reduction and still contest the land grab.

I know nobody wants a neighbourly dispute but I'm not sure I could let the CF get away with it.

They will have to refund if they can't give you property vacant on possession eg they will have to refund your deposit

I think I'd have been tempted to just take the fence down one day when they were out and just say "oh, this is my fence, isn't it? It's on my property. I was going to put a different one in." Just pretend I thought it was built by previous owner. If they objected then it'd be time to say "oh, sorry. Well I've got the deeds here. If I'm wrong then I'll put it back up again".

Thanks for the update.

The sellers have given you a reduction in the price to get the sale through, and the land dispute now becomes yours and not there's. I don't think they've sold you a property with less land - they've sold you a property with a boundary dispute which is now yours to deal with. Its the lesser of two evils, for them, and whilst they've lost out on some money, it's probably a lot less than what it would have cost them in legal fees to put it right.

Personally, as others have said, I would be letting the CFers know that you are aware of the land dispute and ask how they plan to resolve it as the borders do not match with the land registry documents. Let them know its not as simple as moving a fence and taking some land - the land is owned and registered.

Give them the option of reinstating the correct borders or buying the land from you and getting the necessary amendments done. Explain that you witnessed the change that they made to the property on one of several visits - in case they try and lie their way out of it - and that you have checked with all parties and no agreement was in place for them to do so.

Either that or wait until they're out and get the fence taken down and repositioned to the correct place. I'd do it whilst they were at home witness it, but that's just me 😆.

Woah! I wasn’t expecting that. I would be having absolutely NOTHING to do with those neighbours from the point I moved in. I’d be seething even though I know it’s benefitted you in a round about way. I can’t abide thieves, particularly when they get away with it.

By sellers, I meant the people selling the house, not the deceased relatives. The family members who currently own the property. The family members who have now been made aware that the neighbours did a land grab.

I'm glad you're getting your house, OP, but there's no way in hell I'd be getting the place resurveyed and changing the land registry, and I can't imagine why anyone would suggest that as a solution, because it isn't one! From your point of view, there's zero benefit and considerable cost/hassle to that course of action - it benefits nobody except the thieving neighbours.

If you want to negotiate an easement with the CF neighbours then all the costs should be theirs. Once you have bought the property neither the former owners nor the CF neighbours can make you change the Title. Just don't.

It will cost you time and money to sort out the property line dispute, that is what the price reduction is for. You don't have to actually change the property line when you own the property, you can pursue the return of your land according to the deeds.

These are not neighbours I'd want to be making friends with - at the end of the day they are sneaky thieves.

Congratulations OP, you must be thrilled! Glad it worked out for you. As for the sellers, I'm gutted for them. I'm also gobsmacked this can happen. The UK must be kne of very few civilised countries where neighbours could get away with it. I mean, this just does not happen elsewhere. It just doesn't. You'd go knock the fence down, tell the CFs to f off and that'd be it. I hope those CFs leave you alone ro enjoy your amazing new home 😊🥂

I can’t help but think the sellers are being CFs here too. They’ve given you a reduction, sure, but also a headache to reach the final resolution. Personally I’d not have touched the place (surprised your solicitor didn’t intervene more with a possible breach of contract?) but I’d so be tempted to claim the land back. This really might cause you more headaches if you sell or neighbour CF starts pushing more boundaries.

From the OP, it sounds like the CFs waited until the original owner was deceased before making their play when nobody was around to stop them.

that is appalling behaviour of the future neighbours

Why are they bothering changing it on the land registry? Are they having to pay the changes to hand it over to the neighbours? I think if I was the seller, I’d rather discount the price for the buyer and leave it as it is that hand it over to the CF legally.

OP one thing to consider if you have a mortgage for this property, is whether the mortgage company will be happy with you just changing the land registry after completion. It sounds like you’re buying the whole property with a sort of side agreement you’ll knock this bit of land off after. If the mortgage company aren’t aware that this bit of land isn’t really included in the sale, they may get arsed after as it would be a form of fraud (which I get would not be your intent).

Appreciated, you may well not have a mortgage, in which case ignore this!

I'm so angry on behalf of the sellers, do the cheeky fucker land grabbing neighbours at least KNOW that everyone knows what they did!? I'd be asking for a letter sent at least just telling its known what they did in legalese in case they're buoyed by getting off Scott free and try anything else. What vile people profiting from a family death.

Absolute CF’s, & infuriating they may get away with it. Apparently this situation is so common, some solicitors specialize in it.

best case is to take the discount, move in but keep the land in your name. Accept the fact they are squatting on it. All you have to do is send them a letter saying you give them permission to squat on the land (so no adverse possession possible) but it remains yours. If they ever come to sell the original boundary will need to be reinstated.

alternatively they can buy that land off you.

Even if the property is no longer as it was advertised for sale originally?
That seems strange and unlikely.
Whats to stop anyone selling something and then changing the spec when someone has committed to buy?

Id also reclaim the land after completion. I’d rather wait weeks/ months for them to move the fence than wait for land registry to correct for the same amount of time if not longer.