NEIGHBOUR CROSSED THE BOUNDARY BEFORE EXCHANGE

[MummyToBeAgain1]

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

Can the previous owners family not speak to them?

If you're really keen on the property, speak to the thieving neighbours and get their take on it. If they're not nice, seriously consider if you want them as neighbours. Might be worth getting the deeds from Lane Registry (if you haven't seen them already) as they'll clearly show the extent of the title. If in doubt, and if you can, pull out. There are plenty of other houses on what is definitely a buyers market right now.

There’s probably some nuance to be had in the sense that I wasn’t talking about the OPs exact situation? 😂

Flipping heck!

Did you confront them?

ETA Have just seen your update.

I would add this. A good friend of mine- his dad did the same as your neighbours...took down an old fence on the boundary of the property, and put up a new fence a 'bit further over' so his extension would fit.

When he passed away, the probate could not be completed because the house could not be sold, as there was no legal document showing agreement ( because there wasnt any, he'd just ' borrowed a bit'.
His children nearly lost the property they had inherited as it was on land that could not be agreed as to the ownership. ..

It may be worth, getting the sellers solicitor to deal with this before you complete. If they are desperate to sell they may give permission for this land grab, in order to complete. Just make sure that the land registry are aware of the boundary change before you complete.

It isnt your problem to sort yet as the poster has said. But it WILL be.your problem once you complete if it isnt sorted.

In our case, my late husband had a house which he emptied ready for sale. He then became unwell and I didn't have POA so could not proceed.

In the meantime, the next door neighbours - based on the evidence left behind - were using the patio and garden of DH's house for parties. The patio was strewn with cigarette ends - many of them menthol (the wife's) and crushed beer cans had been chucked into the shrubbery.

The back gate was padlocked, but they had obviously squeezed themselves through a gap in the boundary.

I don't think it is a good idea to let that go. I would raise it alongside the boundary issue. While it is possible a passing thief took it, it seems more likely that either the vendors did or most likely the neighbours. The vendors could have changed their minds or made a genuine mistake but if the neighbours took it then it is more dishonesty they shouldn't be allowed to get away with. Now is the time to be completely clear about your boundaries, no pun intended, preparing for a future living next to these CFs. Let them take an inch...

Friends bought a house in a similar situation and noticed a lovely, very distinctive old stone birdbath had disappeared from the garden before they moved in. It was meant to have been left in situ but they didn't want to make a fuss with the vendors and, with everything else going on at the time of moving, they let it go. One day from an upstairs window they spotted it in the neighbour's garden hidden by the high hedges. At that point they really regretted not raising it with the vendor and solicitors.

Did you get them back?

edited - just saw your update

We had friends buy a house without having a professional inspection. It was in London, new renovation “was completed for an actress who has moved to Australia for a role”. Loved the house & gushing about mystery actress

First night they found out the shower and bath were not plumbed into any water pipes. The beautiful claw foot bath just drained into floor. Funny you could see the no pipe on the photos. The upstairs shower same, there was a shower tray but the drain just went into floor & ceiling below.

People are shit. They had no recourse. They said thought actress had lived there and it was new! Why inspect new house. Why indeed.

for goodness sake! There really is one born every minute!!

We put an offer in on a house only to discover the neighbour was building a porch and the drainage looked like it would be going into our yard. I approached the builders one day as we were measuring up outside and the owner came out and laughed at our queries. We pulled out.

We were buying a house last year and downloaded the Land Registry documents to check as it was an old house. The current owner had given part of the kitchen to the neighbour and it wasn’t registered anywhere. We pulled out and bought a new build.

if there was something in the garden that is no longer there raise that too (auction house and solicitor). If you let CF take one thing it wont be the last.

I’m guessing you read the opening post and nothing else? 🤦‍♀️

We have all the legal documents as part of the auction pack. No mention of this anywhere nor was amything disclosed by the seller.
I very much doubt there was a informal agreement in our case. I just think the neighbour took advantage of the situation thinking noone would realise.

I agree. I wouldn't let that go. I know you have no proof it's them but I'd ask them about it via solicitor.

Anyway, what was it? 😄

I noticed this in you early posts:

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

Please don't fall for the sunk-cost fallacy. Firstly, that money is already gone. Secondly, 10K out of pocket for not buying a house that will cause you years of misery (if not decades), is a small price to pay.

At least you know what's what ahead of time and you still have a choice.

Out of curiosity, do you think you would have noticed if you hadn't caught them in the act?

can't wait to hear what your solicitor says

She didn’t catch them “in the act.” She drove past and saw the completed works, and knew they had changed the garden. So yes, she would have noticed when they moved in. She’s just happy she caught them now, just after they did it and whilst it’s still up to the seller to sort it out rather than after it became her problem and expense.

Go to your solicitor. Tell them the boundary has been moved. The vendor has to disclose any boundary dispute prior to completion
Do you really want to move next to people who will do that?
I'd think long and hard about this house purchase.

This happened to someone I know - empty house after the death of a parent and neighbour took advantage to move boundary and increase size of their garden. It took quite a long time and some expense to resolve but when it was rectified, they had the boundary reinstated with the burliest fencing contractors they could find!

Blows my mind that anyone would think this was acceptable behaviour. Selfish arseholes.

Exactly this.

So are you saying it doesn't make much difference to you - but would make a great deal of difference to your neighbour?

My neighbour did this (to his back neighbour). Albeit not as much land. As soon as he received a threatening solicitors letter, he reinstated the boundary.

He's a chancer but a coward. He's not given them anymore problems.