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

Hardly the op's concern, particularly when it could cause problems down the line when selling.

Taking someones death to they advantage - show's their character!
This is what I'm annoyed about. The amount of time it could take to resolve! We had everything planned out and were expecting to move in within the next few weeks! Had all furniture, deco organised in my shopping cart ready to order once exchange had taken place. Feeling a little deflated now.

I didn't mention it before, but you know "loads of people who would take the opportunity of an empty property and having a new fence to steal a few inches? "
Really? Because I might be wrong, but I don't know of any.

If you read the post I was responding to, you would figure there was context behind my response.
Someone said why would the neighbours go through such a hassle for 1-2ft wide, long strip of land. This comment was my response.

This is what I'm hoping for us! I'm not sure how it works - whether the seller will directly approach the neighbour or their solicitor will send them a letter..

Just bear in mind, these people will be your future neighbours and you’ll be dealing with them….
It would give me a huge rethink tbh!

We had difficult neighbours OP, and it doesn't make for an easy life. I cried the day a For Sale sign went up and they were moving closer to family - they had made our lives miserable for nearly 10 years. I pity the poor fuckers that got them after us. We ended up spending nearly £6k with solicitors over the ongoing boundary dispute (and they were the ones in the wrong). We made sure that the new owners were made aware of this all via the Estate agent and they've been a dream to live next door to in comparison.

As said, you need to get into your Solicitor and find out what's what as far as property lines are concerned, but you may not be able to do anything until contracts have been exchanged and the property is legally yours - at the moment, it'll still be owned by the Estate of the seller.
You need to make sure your Solicitor keeps their eye on the ball as the easiest way for the vendor to sort this out could be to sell them the strip of land they've allegedly stolen.

My friends elderly neighbour was in hospital for an extended period and then went into nursing home.
One day they saw the party hedge being taken down by another neighbour and what looked like the foundations of a wall being built and a fine land grab.
She recorded it all on her phone from her excellent vantage point.

My friend had a number for a family member and text them what was happening.
She heard nothing for several days and suddenly she had a couple of her younger nieces and nephews at her door.
She showed and gave them everything she had.
The following day work stopped.
Then the wall was all taken down and was rebuilt in the corect spot on their boundary and a new hedge was planted.
One of her nieces was a solicitor and she took no prisoners.
It was the talk of their terrace and undoubtedly cost them to put it all right.

surely that would void the sale?

Why can't anything be done until contracts have been exchanged and the property becomes ours?

I think (hope!) that the poster meant that there was nothing that you could do as the owner because (hopefully) you don't own it yet?

If a neighbour has snatched part of what you bid for then you don't own what you bought - it's not what you expected. How does that differ from buying a teaset and then being told that there are only four cups and saucers, not the six you purchased?

I've read so many stories under this post of people taking from the vulnerable! There's a pattern - they take from those who are either old or who have died.

I'm glad your friends neighbours situation was sorted before it was to late. Hoping these stupid neighbours sort it out as quickly. </3

@MummyToBeAgain1
What did your solicitor say?

I emailed her yesterday afternoon with the full details includ pictures/historical images etc.

I called today and she said she's looking in to it and will get back to me asap.

I suspect she's got exchanges/completitions to get through before the 31/3 deadline (stamp duty increase). So, I think she'll raise this query early next week.

I'm hoping I hear from her tomorrow though. Fingers crossed.

I think it is definitely a probate, elderly person selling a house thing.
Utterly disgusting.
Not everyone has the stomach for the fight though, which these CF's are counting on.

I really would be hassling her. All my dealings over the years with conveyancing solicitors have taught me this. Those who shout loudest get dealt with first.
you are also under time scale pressures with the 56 days!

she should raise it as soon as possible, its really important it is sorted especially with the stamp duty deadline looming

This

@Nextdoor55 why? OP isn’t aiming to complete before the SDLT change. I’m sure it will be a priority for her solicitor come Tuesday. I work in conveyancing (no longer a fee earner)- it’s stupidly busy at the moment.

There's not a chance op will complete before the deadline - in the op from two days ago it states they should complete in the next week or two.

Exactly the same happened to my neighbour, when his elderly mother lived there. Solicitor's letter sorted it, and there's been no trouble since.

I think I am extra invested in this as my mother’s neighbours managed a land grab and stole her gate when she had to go into care in 2021 after 65 years in her home. .
The sale fortunately went through as the buyers accepted the new boundary situation.
The injustice however really bothered me even a few years later I used to regularly dream of retribution, the final straw was receiving a photograph from a friend showing my Mums gate carefully erected in the neighbours field.

It might seem petty but we drove 7 hours and stole that gate right back, electric chainsaw to the gatepost in the middle of the night.
I did report it stolen first so had a crime number and fortunately it was positioned on a footpath so we didn’t need to trespass.
He will absolutely know it was me who took it.

Plus one for this 👆