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

I'm so sorry! What an evil world we live in - no compassion or care for anyone apart from themselves. I can imagine how you must have felt - watching injustice happen in front of you but unable to do anything about it. I'm glad you took it back because that's exactly what these CF's deserve.

I will be updating this journey to the end. No way am i letting it go. I can imagine what the deceased sellers children will feel when they find out! Neighbours who probably were 'friendly' from the outside played them in such a sneaky way.

The worst thing is absolutely everything has gone smoothly - we knew they wanted a quick sale so had all our documents ready and within a week our part was done - we were just waiting for the sellers solicitor to respond to some simple enquiries made by our solicitor.

This! Although, my situation is a priority for me, the reality is the solicitor needs to work priority cases first - which right now are the SDLT ones.

Why does everyone keep reiterating this? I’m sure OP is aware that she doesn’t yet own the property.

Because it was one of the most sensible comments, and rather than saying the same thing again, it's easier to agree. Personally, I find it helpful when someone says something and the majority of contributors agree as it adds weight to the comment.

Ask any solicitor, beenwhereyouare
As ours said over my late , exMIL's case, and as reflected on here, it happens all the time - especially when the homeowner was an elderly person living alone and the family may not have been around all the time to see what happened

not the same thing. As an ex rehab clinician, I treated loads of people who had problems with joint replacements because they needed me. Same with people who have problems with land grabs, they NEED a solicitor. The average person who is not a rehab clinician may well know folk who have had joint replacements but are hugely unlikely to know "loads of people" who have had a problem. Same with the land grab. The average person will know plenty of people who live next to a house that has been bought/sold but again are hugely unlikely to know loads of people who have or who would do a land grab in those circs. its the same with MN threads, they are likely to be self selecting for people who have experience of the subject.

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

Your solicitor will advise but if the Vendor cannot complete (provide vacant possession because of the fence) then the Stakeholder (Auction House) will return your money.

FWIW, I was once in this position—the Vendor refused to complete (due to an unrelated row with his lender), but incredibly, the Auction House released the deposit to the Vendor's Solicitor without checking that Completion had occurred. Big fan, a lot of shit, expensive solicitor's letters, eventually I got my money back.

My disabled MIL had a heart attack and was taken into hospital by ambulance as her carers realised what was happening (the neighbours saw the ambulance) and she sadly died a few days later. We went into her house a couple of days after she died and the neighbours whose garden backed onto hers had seized the opportunity to have the fence replaced and put the bill through my MILs door as according to them 'she had agreed to pay for it entirely just before becoming ill'.

My dh went to his Mum's every day and had looked after her finances for years and knew it was bullshit. Filled with rage and grief he went round and offered to pull the fence out with his bare hands there and then. It's amazing how some people will capitalise on another's death, self serving bastards.

Wow, @stitchy, that’s mind-boggling! I assumed that they backed off?

There was an almighty row but in the end we went halves on the cost of the fence as we didn't want a dispute as we had to sell the house. It all left a horrible taste in the mouth.

Very good news you spotted it in time to fix it and reassuring to hear stories where it was put right.

I am very keen to see how this situation pans out OP, I am right behingpd you.

Definitely get this sorted. We found an issue with our house purchase where the deeds did not reflect the correct transfer of the land from the council, and were so glad we got it sorted before completion because we learned later that it never would have been sorted after, as the council would not have dealt with us (only the original council tenant when the property was privatised).
Fingers crossed for this getting resolved easily but ours was very slow. Totally different problem, mind..

How disgraceful of the neighbours.

Aww, I just remembered the thread where someone's neighbour stole their woodland. I can't remember how it was resolved, but that involved some cheeky fuckers taking advantage.

This. Don’t exchange until it’s resolved otherwise it becomes your problem.

I wish every client was as considerate and patient as you ❤

How’s it going @RideMeSidewaysWasAnother1 ? As bonkers as the SDLT “holiday” after the pandemic?

All done and dusted, thankfully not as hectic as it could have been. I don't just mean patience with the Stamp Duty craziness but just patience in general.

I know what you mean @RideMeSidewaysWasAnother1 . That’s why I audit conveyancing files now rather than fee earn.

Then why not use the "agree" reaction?

There's more impact in seeing one post with seven agrees, than in 7 spread throughout the thread.

Only the poster can see reactions. They are invisible to all other users.

This 👆

🤣🤣

Oh ya, there was a river involved, wasn’t there? That was entertaining.

Oh ignore me, I'm being dumb!