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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:
Iamnotalemming · 06/05/2025 15:54

I don't think you can change it on the land registry without the CF neighbours being involved. Aren't the sellers transferring the bit of stolen land to the CFs?

ReadingSoManyThreads · 06/05/2025 15:50

LurkyMcLurkinson · 06/05/2025 15:04

I vote don’t change the land registry, move and in and give no indication to the neighbours you care about them having the land. Then watch and wait until they are away, ideally on holiday, and grab it back. When they come knocking you can tell them you have no idea what they’re talking about and show them the deeds that show it’s your land.

Absolutely!

Kreepture · 06/05/2025 15:49

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?

wait until the sale is done, and the neighbours are away, and take it back.

SoMuchBadAdvice · 06/05/2025 15:49

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?

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.

Maddy70 · 06/05/2025 15:48

Your solicitor will deal with this

ReadingSoManyThreads · 06/05/2025 15:47

I'm so disappointed with this update. The Cheeky Fuckers have won.

As a seller, there's NO WAY I'd have let them get away with that.

Puzzledandpissedoff · 06/05/2025 15:46

FortyElephants · 06/05/2025 15:19

She might have been able to take the auction house to court to get out of the contract but it would have cost a lot and no guarantee of success.

I suppose 'twas ever thus with the law, FortyElephants - it's just a shame OP couldn't have known about this when they bid for it in the first place Confused

WallaceinAnderland · 06/05/2025 15:34

FortyElephants · 06/05/2025 15:02

It's a modern method of auction. To pull out would be to lose the deposit, probably around £20k

Not if the sellers could no longer sell what the purchaser bought.

Belindabelle · 06/05/2025 15:33

You can take your own sweet time updating the land registry.

For example just before you want to sell. What a shame if the cheeky fuckers next door decide to sell before you. They would have to pay to have the land registry amended as surely the boundary change would show up when their buyers searches were done.

Play the long game and you can make their life as difficult as they have made yours over the last few months. Who knows maybe you can insist they recompense you for stealing the land.

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?

MissDoubleU · 06/05/2025 15:21

MummyToBeAgain1 · 06/05/2025 14:03

They've got away with it because it's a auction sale so there's a strict deadline for the completion date.

After you have moved in would you not be able to challenge the official boundary lines in the property statements and force the neighbours to move this back accordingly? Assuming this is expensive but wondering if it’s possibly?

Or do they just totally get away with stealing free land which is legally there’s now..?

FortyElephants · 06/05/2025 15:19

Puzzledandpissedoff · 06/05/2025 15:10

Even if what's being sold has been misrepresented FortyElephants?

I'd have thought there'd be a strong case for withdrawing and recouping any deposit there, but obviously OP didn't want to pull out and that's her choice to make

She might have been able to take the auction house to court to get out of the contract but it would have cost a lot and no guarantee of success.

LemonLimeOrangeKiwi · 06/05/2025 15:11

I’m glad you came to a resolution you are happy with.

I just find it awful they are getting away with stealing from a grieving family.

Absolutely disgusting.

Puzzledandpissedoff · 06/05/2025 15:10

FortyElephants · 06/05/2025 15:02

It's a modern method of auction. To pull out would be to lose the deposit, probably around £20k

Even if what's being sold has been misrepresented FortyElephants?

I'd have thought there'd be a strong case for withdrawing and recouping any deposit there, but obviously OP didn't want to pull out and that's her choice to make

LurkyMcLurkinson · 06/05/2025 15:04

I vote don’t change the land registry, move and in and give no indication to the neighbours you care about them having the land. Then watch and wait until they are away, ideally on holiday, and grab it back. When they come knocking you can tell them you have no idea what they’re talking about and show them the deeds that show it’s your land.

FortyElephants · 06/05/2025 15:02

WallaceinAnderland · 06/05/2025 14:56

I would have pulled out of the purchase. I pity anyone who has to live next to such nasty, selfish people. I think you may live to regret this decision OP.

It's a modern method of auction. To pull out would be to lose the deposit, probably around £20k

Puzzledandpissedoff · 06/05/2025 15:02

A shame the sellers had to take the hit of a price reduction instead of the CF who pinched the land, but I do hope whoever's doing the conveyancing squares this away properly if it's you who's supposed to notify the Land Registry that the neighbours now own a part of your land

To my mind his should have been sorted before exchange, auction deadline or not, so unless what you've agreed to do is included in the sale documentation what's to stop you refusing?

WallaceinAnderland · 06/05/2025 14:56

I would have pulled out of the purchase. I pity anyone who has to live next to such nasty, selfish people. I think you may live to regret this decision OP.

CarrieOnComplaining · 06/05/2025 14:55

Very stressful , glad you got it sorted.

I guess you could still take legal action against CFs to reclaim the land, since there is no record of them having bought it and the Land registry hasn't been change yet and is within your gift to do so?

myheadsjustmush · 06/05/2025 14:47

Good luck living next to those CF neighbours OP.

The sellers have lost money on their sale.

You are going to be living next to CF neighbours who will do god knows what else in the future.

But it's all good - CF neighbours have grabbed land for free, and all the legal stuff to redraw the new boundary is being paid for as well.🙄

Once again, thieves and criminals come out smelling of roses.

CowTown · 06/05/2025 14:46

Is there a legally binding date on the land registry promise? If not….life sometimes gets on the way and admin takes a while…😉

Then lo and behold, a lien is put on CF’s sale in the future…

CowTown · 06/05/2025 14:43

Just don’t change the land registry. Sit on it for a while. Wait until CFs try to sell, then put a lien on the sale until they give you your land back.

How is changing the land registry legally binding? Have the CFs been involved? Do they know what has been going on behind the scenes?

You accepted a reduction—part of the land is currently occupied by CFs. Have you signed away your rights already, or merely accepted the compensation?

allthemiddlechildrenoftheworld · 06/05/2025 14:40

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?

but were the cf neighbours spoken to or did the sale just get reduced to push it through??? makes no difference because they have effectively tried to do a land grab so nothing to stop you grabbing it back!

stitchy · 06/05/2025 14:35

Antonania · 06/05/2025 14:29

Absolutely, but ultimately a few extra k was not worth the fight to vendors who were getting rid anyway, and lucky for them OP was prepared to live next to these people. If OP hadn't agreed to the reduced plot, someone else would have done.

You must be pleased to get it over the line OP, if not in the way you'd have liked.

Oh 100%. The neighbours had everyone over a barrel really.

But still galling.

CantStopMoving · 06/05/2025 14:32

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?

who would sue you if you didn’t change it? The neighbours can’t. The sellers presumably don’t care once it was been sold to you. I wouldn’t personally convey to the neighbours- I’d keep it. I would personally send the neighbours a letter to say you are giving them a license to use it until they decide to sell and then it reverts back to you

can’t see why the neighbours should be enriched by this