Page 7 | NEIGHBOUR CROSSED THE BOUNDARY BEFORE EXCHANGE

MummyToBeAgain1 · 2025-03-26T09:29:39+00:00

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

TheMeasure · 06/05/2025 17:20

They can't pull out. It's an auction property. They're committed.

Viviennemary · 06/05/2025 17:16

Azdcgbjml · 26/03/2025 09:50

Honestly, I wouldn't want to proceed with the house. I think there will be trouble with those neighbours.

Check the deeds though. Perhaps the fence was in the wrong place before? And let your solicitor know what has happened and get them to raise a query. Definitely don't exchange unless this is resolved to your Satisfaction.

I wouldn't go ahead either. Problems with neighbours before you've even bought the house isn't good.

Hufdl · 06/05/2025 17:13

I wouldn't want to be next door to people like this.
I would be pulling out.
Not worth the risk.

blandwich · 06/05/2025 17:08

It would be so tempting to threaten the CF neighbours with legal action to get the land back if only to prevent them from winning, but OP has to live next door to these people, and if she and her husband are satisfied with things as they stand, she may prefer to just let the CFs get away with it.

I understand the principle of not giving an inch, but in the real world it's not always so black and white. It would be nice to have them know in some way that you know what they've done and have your eagle eye on them watching for any future misdeeds, but putting up cameras may be enough of a deterrent.

Thejugglestruggle · 06/05/2025 17:06

Fountofwisdom · 26/03/2025 09:56

Contact your conveyancing solicitor immediately and tell them you will not be proceeding until this is resolved. However, I would be very reluctant to proceed now. These neighbours are CF who have been really sneaky, rushing in to steal land while the property is empty, in the hope you wouldn’t notice. If they do that, they will undoubtedly be trouble in other ways, I’m sorry to say.

Totally agree with this. No house is worth terrible neighbours!

commonsense61 · 06/05/2025 17:06

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

ickky · 06/05/2025 17:02

The current time for amending title plans with Land Registry is a minimum of six months and that is after a Solicitor expedited it.

I only know this as my parents recently went through this process.

MissDoubleU · 06/05/2025 16:52

ickky · 06/05/2025 16:26

As I know the land registry take months and months to revise the title plans, are you buying it with the original title plan including the stolen but of land?

If you are, then once the sale has gone through, you can then contact (letter before action) the CF neighbours and ask them to remove their fence before you get solicitors involved and it costs them a whole lot more money.

This is what I’m saying.

Surely AFTER completion no one can force you to update the land reg. You own the property as is and the r neighbours are now officially crossing their boundary and into your land and you can take whatever action to retake what is rightfully not theirs

Thanksforyourlackofthought · 06/05/2025 16:47

akkakk · 06/05/2025 16:41

buy house
move in
use evidence to appoint a boundaries surveyor
serve notice on the CF neighbours that the fence is in the wrong position
reclaim land.

Exactly this.

Pasithean · 06/05/2025 16:42

Your situation is similar to how ours started. Resulted in court , prosecutions for criminal damage and the cost. Just short of 50k. Run now.

Puzzledandpissedoff · 06/05/2025 16:42

ickky · 06/05/2025 16:26

As I know the land registry take months and months to revise the title plans, are you buying it with the original title plan including the stolen but of land?

If you are, then once the sale has gone through, you can then contact (letter before action) the CF neighbours and ask them to remove their fence before you get solicitors involved and it costs them a whole lot more money.

I wondered about this myself, ickky, and also whether the fact that OP's agreed to change the deeds after completion has somehow been recorded in the legal sale documentation

Because if it hasn't, I can't see what's to stop her simply saying it's not going to happen

akkakk · 06/05/2025 16:41

buy house
move in
use evidence to appoint a boundaries surveyor
serve notice on the CF neighbours that the fence is in the wrong position
reclaim land.

dick27 · 06/05/2025 16:36

The sellers are able to sue the CFs for the reduction in price - but they probably won't.
The CFs have done a land grab but don't have the title deeds to back this up.
You will have the upper hand BUT your home insurance legal cover won't cover this as its pre existing. Make sure you get what you need from your conveyancing solicitor in writing prior to completion.

Belindabelle · 06/05/2025 16:32

I think this will be fine. You have got the house you wanted for less than you were prepared to pay. For the moment you are ok with the position of the fence.

You the upper hand, as far as the cheeky fuckers are concerned they have got away with it. They don’t know that you know. They probably think you won’t be selling for ages and if anything comes up they will claim this land as there’s as X amount of time has passed or some other bullshit.

Once you are moved in and settled you can get the land back if you want.

TheHerboriste · 06/05/2025 16:29

MummyToBeAgain1 · 06/05/2025 16:21

If I'm honest I don't think the sellers knew what to do. It's so so difficult to make effective decisions in such high pressure situations.

If I hadn't initially posted on here and taken the advice on board, hand on heart, I would have no idea either and gone along with whatever my solicitor said.

I knew from what I had read that my deadline had gone out the window as this was the sellers issue, I knew an auction property had to be sold as seen so now that a change was made - something had to be done.
I took this on board and it worked out in my favour.

I was the one who suggested the neighbour moved the fence, after viewing it, we realised it wouldn't be so simple. So, the second option I proposed was for them to change it on land reg prior but this would take a fèw months and wasn't ideal for the auction company or the sellers and so they accepted my 3rd option of price reduction and lang reg change after completion.

People were on leave etc which meant decisions had to be made over the course of hours - very quickly under a lot of pressure.

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Why wouldn't the neighbors moving the fence be simple? What is the impediment to doing that?

I realize you are extremely stressed but you need to begin as you intend to go on. Give these CFs an inch now, and they will be harassing you forever. Best to nip them in the bud, forcefully.

RawBloomers · 06/05/2025 16:28

TheHerboriste · 06/05/2025 16:26

This doesn't make sense. Once the sellers no longer own the property, they can't make you change the land registry details.

Take possession, tell the CFs to remove their fence and put up one of your own.

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Sellers probably don’t really care what happens after completion.

Ophy83 · 06/05/2025 16:27

Surely the price reduction should have been on the basis that ownership of the strip of land is now in dispute, not that you have to amend the land register?

TheHerboriste · 06/05/2025 16:26

MummyToBeAgain1 · 06/05/2025 14:23

The thing is though the final agreement was a price reduction and that we would change it on Land Reg post-completion. Not sure where that leaves us going forward?

Show quote history

This doesn't make sense. Once the sellers no longer own the property, they can't make you change the land registry details.

Take possession, tell the CFs to remove their fence and put up one of your own.

ickky · 06/05/2025 16:26

As I know the land registry take months and months to revise the title plans, are you buying it with the original title plan including the stolen but of land?

If you are, then once the sale has gone through, you can then contact (letter before action) the CF neighbours and ask them to remove their fence before you get solicitors involved and it costs them a whole lot more money.

Original poster

MummyToBeAgain1 · 06/05/2025 16:21

Newlittlerescue · 06/05/2025 15:27

It seems very odd that the sellers are agreeing to a discount AND stipulating you must (effectively) give away some land after the sale goes through. Why would they care about what happens with land registry after they sell? (in fact surely they would prefer not to reward the CFs given they must hate them even more that you do).

It would be more normal for them to just agree to a discount due to having CF neighbours and someone squatting on your land, and leave you to sort out the aftermath as you see fit.

Something doesn't add up right. Have they/are they actually selling the land to the CFs? Or was that land always the CFs and their relative stole it?

If I'm honest I don't think the sellers knew what to do. It's so so difficult to make effective decisions in such high pressure situations.

If I hadn't initially posted on here and taken the advice on board, hand on heart, I would have no idea either and gone along with whatever my solicitor said.

I knew from what I had read that my deadline had gone out the window as this was the sellers issue, I knew an auction property had to be sold as seen so now that a change was made - something had to be done.
I took this on board and it worked out in my favour.

I was the one who suggested the neighbour moved the fence, after viewing it, we realised it wouldn't be so simple. So, the second option I proposed was for them to change it on land reg prior but this would take a fèw months and wasn't ideal for the auction company or the sellers and so they accepted my 3rd option of price reduction and lang reg change after completion.

People were on leave etc which meant decisions had to be made over the course of hours - very quickly under a lot of pressure.

OP posts:

Tessasanderson · 06/05/2025 16:21

Whatever monetry value you got off the sellers, you may think it was enough but it wasnt. Trust me, you will eventually regret making this decision. Your neighbours did this to someone they knew (OK their family), do you think they are gonna give a shit about someone who turned a blind eye and took the money in future?

Oh my, this is so disappointing.

BumpyWinds · 06/05/2025 16:11

I would definitely be bringing it up at the first opportunity with the new neighbour. Tell them you managed to negotiate a last minute price reduction due to the sudden reduction in the size of the land. Intimate that you have no idea if the seller was going to seek compensation for their loss of income.

That way hopefully it scares them enough to not try anything CF in the future.

In terms of the legalities of changing the actual boundary with the Land Registry, this presumably needs the input of the CF neighbour if it affects their title...

AcrossthePond55 · 06/05/2025 16:04

@MummyToBeAgain1

I've been a lurker. I'm glad the sale will go through.

But my concern is that the fact that the sellers didn't contact the neighbours may mean that there is a 'history' with them and they knew they would be uncooperative.

I know it has to be declared if there have been 'official' complaints, but I've seen threads on MN where people are told not to complain because it'll mean problems trying to sell down the line if they have to 'declare' nasty neighbours.

Newlittlerescue · 06/05/2025 16:03

I think that all that has happened in reality is that the vendor has reduced the price to reflect the dispute and the cost of Land Registry changes. It's up to you whether you want to give the land away & bear the cost of LR changes, or continue the dispute

I agree, I think you might have misunderstood the info coming from your solicitor. I can't see how, or why, they would compel you to give the land to your neighbours. They are just compensating you for the property no longer having clean title.

DailyDoily · 06/05/2025 16:00

MummyToBeAgain1 · 26/03/2025 10:02

I'm not sure how to @ everyone at once but thankyou everyone for your replies.

I feel like it's come as a shock as everything was going so smoothly until now.

I've booked a viewing for tomorrow afternoon just to clarify the position before I ring my solicitor.
Although, I'm stressing so much, I might actually end up ringing her today.

I'm aware that as of yet it's not legally my property therefore I can't knock on the neighbours door however the seller can. Thing is though I think I'm stressing because the sneaky behaviour shows what the neighbours are like which also means they may hold this against us and could become a nightmare to live with.

I'm certain they have crossed the boundary as there was a wall that went all the way to the end. They've broken that down and cut some of the bushes of to build they fence. On the title plan the garden boundary is straight from the start to the end.

We can't back of from buying the property because we'll lose the nearly £10k auction fee we've paid.

I’m not sure that’s the case - if the property isn’t as described (less garden) or has a previously undeclared boundary issue you may be able to get it back. There are some circumstances where you can, again this is something to raise with your solicitor. I would hand the whole things over and tell them to get it sorted…