Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Neighbours boundary dispute!

98 replies

Bingooo · 09/07/2013 19:49

We're set to complete on a house we're buying next week.

The elderly neighbours have tended the garden for 40 years and there was no fence when in first went on the market. We explained a fenc ewould need to go up before we bought it, there were only to obliging and offered to do it themselves.... Only problem is it is about 8 inches over the boundary.... I have put pics on my profile.

I spoke to them today and they are adamant that is where the boundary was, I don't believe them. They have built over their whole garden with sun houses and want a bit of flowerbed.

They got pretty shirty with me so I have now left it to the solicitor. DH says I am being ridicuous and we should let them have it but it works out as a bout 3k of garden! AIBU?

OP posts:
ImNotBloody14 · 09/07/2013 22:08
Hmm
Hissy · 09/07/2013 22:16

What is the precedent in thé rest of the street? There will be your 'evidence'.

LunaticFringe · 09/07/2013 22:40

This reply has been deleted

Message withdrawn at poster's request.

PorkPieandPickle · 09/07/2013 23:55

sorry, but I seriously wouldn't touch this house with a barge pole :S

Out of interest, is there a reason you are so set on a house that is so problematic? It just seems like so much trouble when there are so many houses out there to choose from!

MidniteScribbler · 10/07/2013 00:03

I foresee years of aibu threads ahad if you buy this house. You are just asking for trouble.

If you're buying it because it is cheap, then you need to ask yourself why.

pinkhalf · 10/07/2013 00:21

Yes, you need to love this house beyond all reason to buy it with a boundary dispute in progress. It's like buying years of stress. It never gets resolved.

These disputes take tens of years to resolve in court. Costs a fortune in legal fees. You can't go out into the garden at the same time because they are out and making comments about you. Then shirty letters from their lawyers to yours. Snarling at each other in the street. You can't sell the property because you have a boundary dispute officially and have to declare you have an ongoing dispute with the neighbours. You pray for the neighbours to die but curiously the conflict seems to sustain them and their cheeks grow rosy.

Eventually the cat dies in mysterious circumstances and you find yourself burning their effigies on Bonfire Night.

At one point your husband participates in a wrestling match with a pensioner in front of the rest of the neighbours.

Onesleeptillwembley · 10/07/2013 00:30

pink if that's based on personal experience, Hmm
If not, GrinGrinGrinGrin

Nanny0gg · 10/07/2013 08:31

This house purchase was never going to end well.

OP, in light of your previous thread, why on earth did you let them put up the fence? Or rather, why were they given permission by the current owners to put up the fence?

You are clearly going to have on-going problems with them.

CookieLady · 10/07/2013 08:57

Op, as stated on your previous thread, do not buy this house. It's not going to end well. As pointed out earlier y others it will only cause untold stress and possibly you'll incur ridiculous legal costs to rectify this boundary dispute. Is this house really worth all that aggro?

fluffyraggies · 10/07/2013 09:01

Tell them that you won't be exchanging until it's sorted out. End of. Boundary disputes like this could come back to bite you when you are selling it later on!

This ^^ with bells on.

Please please please don't be so blinkered by the determination to aquire this house that you blunder on into this.

Once you legally own the house OP, this problem will be all down to you and the neighbours to sort out. It could well make the house unsellable if there is unresolved dipute. YOU could end up being the vendor needing to deal with the neighbours and their damn fence before you can sell the house. Think about it!

right now you are in the wonderful position of being able to tell the vendor that you wont complete until it's sorted. And you can mutter about the fact that no other potential buyer would take it on as it stand either (if they are in their right mind) - so they need to do it asap before you pull out.

annh · 10/07/2013 09:18

The OP still hasn't explained why she feels the need to get involved in this dispute over a house which she doesn't yet own. And I'm not sure she has confirmed whether contracts have been exchanged? Also, where is the previous thread people are referring to - which presumably has more information? I can't find anything else under this user name.

StanleyLambchop · 10/07/2013 09:29

I think the OP said in the other thread that this house was the only one they could afford- it appears they are now finding out the reason why it was cheap.................

limitedperiodonly · 10/07/2013 09:29

Agree with all the people who are telling you to walk away.

We had a boundary dispute with a neighbour who not only wanted our property because of money, but believed she also had a moral right to it because it wasn't fair that we had more room than she did and she'd have done so much more with it than we were doing. And she was nicer than us. Yes, there was a strong element of childishness to go with the obvious greed.

These people sound the same. They've been tending the garden, they were there before you, so in their heads, that makes it theirs.

They probably don't have squatters' rights. Briefly, you have to be using a piece of land, knowing it's not yours, for about 10 years, excluding everyone else, including the owner.

It doesn't count if you enter only at the invitation of the owner. Or, as my nutty neighbour believed, you manage to trick your way on like a vampire whose been invited over the threshold by the dupes next door on the pretext of wanting to look at her guttering, and has taken pictures of herself by their water feature, proving it m'lud Hmm.

I know that because it formed part, but not the only part, of the dispute. Because of a solicitor's balls-up when we bought, our garden didn't belong to us - or anybody. We found it out but because the garden was entirely enclosed by high walls and the only access was through our house, stupidly didn't get around to doing anything about it.

She discovered that through poring over the Land Registry and thought it was a legal magic bullet which would result in us handing over the keys not only to the garden but to the entire fucking house. Yes, she's that mad.

She sold up after it was settled in our favour at a property tribunal. If I'd have been a stranger her behaviour at the tribunal would have been funny. But it was me and it was four days of worry plus two week's nervous wait for the decision. That was on top of six years of expense and stress. Oh and trespass, malicious calls to the police, damage and petty theft.

There was a period of about two years where DH and I talked about that mad fucking bitch every day. I didn't want to meet her in the street and I'm not a wimp. It's four years on and if I see someone who looks like her it makes me look twice.

Of course, your neighbours might be entirely different to mine. But the signs are there Wink

You can see by the length of my post that I'm still working through my issues Grin

quoteunquote · 10/07/2013 09:33

this will save you a lot of time, stress and money

If you put the situation on there then you will get the correct advice, if you have a read under boundaries and fences you will get an idea of what the issues are in correct the problem.

LIZS · 10/07/2013 09:52

Can't find original thread - maybe it was in Chat and has been removed ? But basically gardens of 3 adjacent properties seem to have been without separation for a long time and middle owner has used all 3 as if their own for hanging out washing etc. OP wants to buy and has children/dog so needs fence. Whose responsibility it is seems very vague but solicitor should be able to find out from Vendor and ensure the demarkation is clear. OP cannot put fence on the "correct" position without either destroying ndn's one or trespassing ! And even then not until she has completed .

MumnGran · 10/07/2013 10:08

a) which property does that boundary belong to ...it will either be in the ownership of your property or theirs?
b) why are you even contemplating moving a fence that is in the wrong place. Boundaries are a legal matter, not arbitrary, and the solicitor should not be allowing the purchase to go ahead with a question hanging over exactly what you are buying. Any decision to move the fence (if you do go ahead with purchase) would need to be backed by formal identification of the actual boundary, plus a letter from solicitor advising that the fence will be moved.... and why. Otherwise you are escalating a neighbour war.
c) why are you engaging with the neighbours at this stage - full stop. Until you own, any discussions of this kind should be between existing owners or legals.

The whole thing is a tangled mess, and you would be well advised to walk away if you have not yet exchanged. If you have exchanged, I would be asking strong questions to your solicitor who allowed exchange to proceed before boundary queries were resolved.

annh · 10/07/2013 10:15

MumnGran says wise things and asks all the questions I still want to know the answers to! Thank you to whomever clarified the background about the three gardens without fences etc.

Hissy · 10/07/2013 15:25

If she's exchanged already, not that easy to walk away, is it?

LunaticFringe · 10/07/2013 15:29

This reply has been deleted

Message withdrawn at poster's request.

LIZS · 10/07/2013 15:31

No decent solicitor would have exchanged with this issue still rumbling, surely ? Maybe vendor agreed for the ndn to de-mark it as such.

ZenGardener · 10/07/2013 15:44

I wondered how you were getting on

I have your last thread on my watch list but OP has name-changed.

No advice though but I hope your solicitors can sort it out before you move.

thewizenedone · 10/07/2013 16:35

Just a thought if you are buying with a mortgage may be wise to check it doesnt affect things? I too would avoid but assume you have exchanged which complicates issue. Trouble is as deceased estate owner -obviously- cant shed light on boundary

Hope you resolve soon

AnneTwacky · 10/07/2013 17:16

I'd just say you want the boundary moving to where it should be before you exchange.

Although I agree I think this is a sign of future problems.

bobbywash · 10/07/2013 17:28

People do buy houses and then start to claim that the neighbour has nicked their land. Whilst you may get legal expenses insurance with your house policy it will not cover this. However the mortgage co will want to be certain of the boundary of the property that they are lending money on.

If you take it on, knowing there is an issue with the boundary, then as has been said 3 things:-
(i) why would you do that
(ii) Boundary disputes are expensive and take years average cost (in this area - South) is in excess of £50K per side and loser pays other sides costs
(iii) Why would you do that