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AIBU?

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Original poster

NEIGHBOUR CROSSED THE BOUNDARY BEFORE EXCHANGE

867 replies

MummyToBeAgain1 · 26/03/2025 09:29

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

Sensitive content
NEIGHBOUR CROSSED THE BOUNDARY BEFORE EXCHANGE
OP posts:
Iamnotalemming · 02/04/2025 12:40

@MummyToBeAgain1 I would expect as you have said, that your solicitor will write to the seller's solicitor, and then investigate with the seller. Unless the seller knows the neighbours well enough to speak to them about it, there will probably be a legal letter to the neighbours pointing out that their thievery has been noticed and they need to rectify the boundary. How the neighbours react will be informative about what they may he like to live next to, so you might want to ask to see copies of any correspondence.

You might want to ask your solicitor about what the consequences are if the boundary issue is not resolved by the deadline as well.

Original poster
MummyToBeAgain1 · 02/04/2025 12:59

Iamnotalemming · 02/04/2025 12:40

@MummyToBeAgain1 I would expect as you have said, that your solicitor will write to the seller's solicitor, and then investigate with the seller. Unless the seller knows the neighbours well enough to speak to them about it, there will probably be a legal letter to the neighbours pointing out that their thievery has been noticed and they need to rectify the boundary. How the neighbours react will be informative about what they may he like to live next to, so you might want to ask to see copies of any correspondence.

You might want to ask your solicitor about what the consequences are if the boundary issue is not resolved by the deadline as well.

How would the sellers solicitor verify our allegation though?
I'm sure it would be naive for them to just blindly take our word for it. As for the pictures, they could be for anyones garden.

OP posts:
Original poster
MummyToBeAgain1 · 02/04/2025 13:00

GabriellaMontez · 02/04/2025 12:19

Do your sellers even know about this yet?

Because if they don't, I'd want to make sure they knew.

It's my solicitor who will be notifying them.

OP posts:
godmum56 · 02/04/2025 13:13

MummyToBeAgain1 · 02/04/2025 12:59

How would the sellers solicitor verify our allegation though?
I'm sure it would be naive for them to just blindly take our word for it. As for the pictures, they could be for anyones garden.

Show quote history

Surely the legal pack will show the correct boundary? Maybe photos of the property before the land grab? The sellers solicitor will go to the seller and I am guessing the seller can only really say one of three things...the first one is that the neighbour has landgrabbed, the second is that they sold or gave the land to the neighbour in which case there should be a record of the transfer and they shouldn't have declared an incorrect boundary to the auction, the third is that the boundary was always as it is now and they declared a wrong boundary to the auction.

Iamnotalemming · 02/04/2025 13:39

MummyToBeAgain1 · 02/04/2025 12:59

How would the sellers solicitor verify our allegation though?
I'm sure it would be naive for them to just blindly take our word for it. As for the pictures, they could be for anyones garden.

Show quote history

I imagine they will just ask the sellers if they know about it, and then the sellers will need to go and have a look for themselves, armed with a copy of the title plan.

NotNowMrTumble · 02/04/2025 14:46

You definitely need to step up the legal aspect of this otherwise it will bite you on the bum when you come to sell.

GabriellaMontez · 02/04/2025 15:29

So, in all likelihood the sellers don't even know what has happened.

Does the auction house know? Because they surely, should be informed that the vendors are selling something that is not as described.

They may even have experience in this.

I know youre trying to wait patiently but imvho you're being very passive.

Yes its possible to move a wall. But if the neighbours don't comply, there could be a long battle ahead. And you haven't even established what the process is, let alone begun it.

snotathing · 02/04/2025 15:35

The sellers might not have the stomach for an argument with the neighbours and could let them keep the new boundary where it is and sell to someone else who sees the new fence from the start.

Your solicitor seems a bit slow getting a reply from the other side.

godmum56 · 02/04/2025 15:51

snotathing · 02/04/2025 15:35

The sellers might not have the stomach for an argument with the neighbours and could let them keep the new boundary where it is and sell to someone else who sees the new fence from the start.

Your solicitor seems a bit slow getting a reply from the other side.

In that case they will owe the action house their fees and probably also the buyer's 10k fees.

Original poster
MummyToBeAgain1 · 02/04/2025 16:24

I'm panicking now. Do you think I'm being too laid back? I just feel like 6 weeks is enough time to get it sorted but I guess that's only if the neighbours complies and fixes the issue.
I think I need to call my solicitor again tomorrow morning, don't I!

OP posts:
TheHerboriste · 02/04/2025 16:25

MummyToBeAgain1 · 02/04/2025 16:24

I'm panicking now. Do you think I'm being too laid back? I just feel like 6 weeks is enough time to get it sorted but I guess that's only if the neighbours complies and fixes the issue.
I think I need to call my solicitor again tomorrow morning, don't I!

I think you need to be more aggressive, yes. Every day that goes by the situation is more entrenched. This needed to be nipped in the bud ASAP.

8misskitty8 · 02/04/2025 16:30

I’d call your solicitor now, not wait until the morning.

MinnieGirl · 02/04/2025 16:32

MummyToBeAgain1 · 02/04/2025 16:24

I'm panicking now. Do you think I'm being too laid back? I just feel like 6 weeks is enough time to get it sorted but I guess that's only if the neighbours complies and fixes the issue.
I think I need to call my solicitor again tomorrow morning, don't I!

To be honest… yes!
At the moment the only person who knows about this is you! Personally, I would contact the auction house and the sellers if you have their contact details. I would be screaming merry hell! It’s already Wednesday so only two days left in the working week. Get back onto your solicitor in the morning, but I would be shouting very loudly to everyone.

SweetLathyrus · 02/04/2025 16:34

The other thing to consider is that your six week deadline includes bank holidays and possible annual leave and holidays on all sides.

I'd be pushing and chasing hard.

Original poster
MummyToBeAgain1 · 02/04/2025 16:47

Right, called my solicitor now - no answer so sent her an email. I'll call her first thing in the morning again and then the auction person straight after.

OP posts:
Original poster
MummyToBeAgain1 · 02/04/2025 16:54

MinnieGirl · 02/04/2025 16:32

To be honest… yes!
At the moment the only person who knows about this is you! Personally, I would contact the auction house and the sellers if you have their contact details. I would be screaming merry hell! It’s already Wednesday so only two days left in the working week. Get back onto your solicitor in the morning, but I would be shouting very loudly to everyone.

Show quote history

I've no idea who the sellers are but do have a direct contact for the auction company so will speak to her in the morning.

OP posts:
Doggymummar · 02/04/2025 17:53

I think you have been extremely passive to be honest, I know you were trying to respect the 31st March deadline but you should be thinking of yourself.

Billybagpuss · 02/04/2025 18:05

I would contact the auction house as what you are currently being expected to complete on, is not the same specifications as what you bid on as the fence went up after the auction and the specs.

GabriellaMontez · 02/04/2025 18:15

I'm relieved to hear you're going to start advocating for yourself.

The sellers are in an even worse position than you and they deserve to know what's happening.

OneWaryCat · 02/04/2025 18:23

I feel invested in this! Good luck.

Parmeggiano · 02/04/2025 18:41

The scope for these CF’s to claim they had a verbal agreement with the old owner before they passed away who was happy to informally give them the extra sq metres is probably quite high. Then there’s no paper trail & it was all done allegedly on verbal “goodwill”. Cheeky fkers. I hate the entitlement & brass necks. Hope it goes in your favour OP.

friskybivalves · 02/04/2025 18:41

I’m afraid I also agree you are being way too passive. You only have to see the extremely complex and long drawn out (and £££) planning battles that go as far as the High Court or even the Court of Appeal to know that neighbour wars can often escalate very nastily.

This one may be easily resolved but you have a lot to lose. The house of your dreams, £10k, a lot of sleep… I’d be on it very pronto. The solicitor needs a rocket up the backside. And the vendor, let alone the CF neighbour. The vendor will want the sale to go thru don’t forget. Fa-la-la, nothing to see here… you can’t trust them an inch.

confusedaboutetiquette · 02/04/2025 19:23

Similar happened to us as sellers. Days before we were due to exchange our awful neighbour (whose previous behavior we’d disclosed to our buyers) let loose a solicitors letter claiming g he had access to the drive we were selling. Cue a mess and expense involving solicitors. Our buyers had strong stomachs and kept with it it. And we were selling g st a bargain anyway bc of the sh@t neighbours. But still it needed sorting.
our result was the neighbour backed off (only after two months tho) and had to sign a boundary agreement.
Some people really are sh@t.
do you want to live next door to such people OP?

UniDaysAcoming · 02/04/2025 19:44

MummyToBeAgain1 · 02/04/2025 12:59

How would the sellers solicitor verify our allegation though?
I'm sure it would be naive for them to just blindly take our word for it. As for the pictures, they could be for anyones garden.

Show quote history

Doesn't the auction house brochure or pictures on Rightmove and Zoopla show the garden wall and bushes?
If so, they can send someone round to take a look and compare with their pictures.

Overthebow · 02/04/2025 19:52

Yes too passive. This needs to be sorted now or you might get to your completion deadline without it being resolved.