AIBU boundary issue on house I’m buying.

[Freddiefox]

There is a lovely house that’s I’ve had an offer accepted on. Doesn’t quite tick all the boxes but been looking for a while and really my budget doesn’t stretch to ticking all the boxes.

So in the garden, the right hand side is brick, and the left is a bush, no fence. The bush is high, thick and over grown. Ideally I’d like to get rid of it and replace with a fence, but firstly i don’t know which side of the garden I am responsible for, and secondly it’s hard to see where the bush starts and finishes.
I can’t tell if it’s on my potential property, or on both mine and the neighbours. If it’s on mine, no problem I can cut it down, but if it’s on there’s or both it’s a bit tricky.

I’ve tried knocking on the neighbours door a few times to ask them but they don’t answer or aren’t in.

How can I find out where my boarder starts/finishes.

I don’t want to pull out the sale, but equally I don’t want to much drama.

You will see it from solicitor’s searchers. And you will see any restrictions on height of fence/bushes from the deeds.

The boundry will be on the deeds, which you should have access to (if i remeber right) while you're doing the searches and stuff.
But, you say "ideally" you'd like to cut it down. If its not on your land and you can't cut it down will you pull out? If you would then it's a priority to find out but if it's not a deal breaker then does it really matter right now? Or can it wait until you're able to talk to the neighbour?

The boundary will be on the title deed but it’s often too large a scale to be useful. It should also indicate which side you are responsible for (often the right side). Doesn’t the seller know? It should be part of the information form they fill out. If not you are going to have to persist with your neighbour - try writing a ‘so happy I found this house in a great neighbourhood but just wanted to ask if blah blah blah’ note and see if that gets some answers.
However this is what solicitors are for - tell them to get clarification from the sellers.

When the owners complete their owners’ form for your solicitors/conveyors, they will say who they understand the hedge to belong to. This will happen before you exchange contracts so if this is really a deal-breaker for you, you can pull out once you have that information.

I really feel compelled to say, though, that I think replacing a hedge with a fence is a seriously bad decision. Hedges look nicer and are better for the environment. They can be trimmed and managed.

But, you say "ideally" you'd like to cut it down. If its not on your land and you can't cut it down will you pull out? If you would then it's a priority to find out but if it's not a deal breaker then does it really matter right now? Or can it wait until you're able to talk to the neighbour?

I don’t know, yes I think I’d pull our tbh, I’ve knocked on the neighbours door twice and had no answer, and a friend sort of knows them so he is trying to find out for me.

So is this something I can ask the solicitors to clarify first? Before they do the other work?

However, I sort of don’t understand, in the deeds do you get a measurement of space?

Sorry but I work in conveyancing and unfortunately most houses do not come with a deed plan showing the T marks to indicate boundaries. Boundary issues are a nightmare. The only sensible way forward is to speak to the neighbour, write them a letter if nothing else works. If it's a dealbreaker for you and you can't get them to communicate with you in some way, I would seriously look for another house. Everybody loses in boundary disputes, they are expensive and make your home uncomfortable to live in.

You can find out about what boundaries the owner thinks are theirs through the agents then get your solicitor to confirm. Still speaking with the neighbour is a must. The Land Registry don't even say that their plans are accurate, it's a minefield.

can you not ask the sellers?

can you not ask the sellers? didn’t really think of that.

I’ve sent an email to the estate agent
and will hassle the neighbours some more!

Thanks all for input

If the seller advises that the bush is on the property you are selling, you can ask for it to be cut before exchange (even if you agree to pay a tad more to cover the gardeners cost).

I wouldn't necessarily trust the word from someone, so that would prevent any awkwardness with a new neighbour later on...

I wouldn't necessarily trust the word from someone, so that would prevent any awkwardness with a new neighbour later on...
that’s a good idea,
Clearly you can tell I’ve never brought a house before.

So who would be responsible for that? Would I ask my solitctor to sort out? Or do I need to mention it to my estate agent or would the solitctor do that.

Ffs why is anything simple

So is this something I can ask the solicitors to clarify first? Before they do the other work?

Of course. What do you think you are paying them for?

You can start by asking the EA which side is yours, who owns the bush and go from there. I don't believe a word EA say, but you need to start somewhere.

I would also then advise my solicitor that it's a deal breaker so that should be the first item to deal with.

It’s bought not brought-they are not interchangeable.

Never forget that the EA works for the vendor, not the buyer.

@superram

Lovely bit of encouragement there: what was the point of your post? To humiliate me? Make me feel like shit. It’s ok though we all make mistakes and misjudge things I forgive you.

OP, I wouldn't bother to reply. Typo or mistake, who cares.

You are all amazing.

So the plan so far is to

1. contact the estate agent asking for info regarding whose bush it is.

2. Contact neighbour and ask the same

3. Contact solicitor asking them to confirm what the sellers have said and request this is dealt with as a priority.

4. Asking for it to be cut down before exchanging but offering if needed to pay for the extra cost of gardener on exchange.

Personally I wouldn't contact anyone other than the solicitor regarding a solid answer on the boundary's it's his job to cover this type of question
You need to make a list of sensible questions that you require answers to
Such as -
boundary's & ownership of fencing / walls etc
Rights of way
Easements
Covenants
Access
Etc etc
It's your solicitors job to find the correct lawful answers
Don't trot round to the neighbours/ agents / owner asking them as whatever they say is not necessarily correct and is a complete waste of time

As the sale continues forwards you may find you have more questions that the solicitor may ask the vendor most probably questions that will arise & need answering as the paperwork is examined by him , all part of the conveyancing process - all part of buying a property

Hope this helps