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 wonder if it's a fully qualified solicitor or a conveyancer who only deals in property transfers.
We were once buying a house and it seemed to be dragging, when we drove by the house they were having new windows fitted! When we knocked at the door they said they'd told their solicitor that they had decided to stay put. Our solicitor and their solicitor blamed each other for not telling us.

And if all else fails bearing in mind that solicitors are expensive, get a RIBA qualified surveyor in. They will map the boundaries to the inch noting historical mapping and current boundaries stated as well as satellite imagery. RIBA surveys stand up to court scrutiny too and may well cost less that 3 hours of legal wrangling. In the meantime, get land registry details. Just to say that I have had personal experience of using a RIBA surveyor with two current neighbours and the best 300.00 spent to

We jumped through so many hoops to get our dream house. I'm so invested in you getting yours. Please keep us updated, we are rooting for you 🙏

This is the support I need right now.

I've done what I could today, fingers crossed for a positive result.

The estate agent did come back to say she's on leave from today till early next week and will look in to it as soon as she's back. So, there's that..

The estate agent did come back to say she's on leave from today till early next week and will look in to it as soon as she's back. So, there's that..

That is not OK. This is urgent. You need to tell her that a days of delay here is unacceptable. What do you think happens if people are away or ill? There are other people in the firm who can deal with it.

She needs to pass the file to someone else. I can't believe that you didn't go straight back on this.

If your position is you want this house and don't want it to fall through, you need to be pushing everyone.

The sellers are in the power position here because they own the land and are highly motivated to sort it out because they want to sell quickly.

So you need to go back to the estate agent in the morning and ask who is dealing with this urgent matter on her behalf, whilst she's on annual leave?

if it’s an auction - you don’t exchange so what do you mean?

OP, do you know if the sellers know? And yes for the EA to say "going on holiday" would not be acceptable in ordinary circs. In these circs its definitely taking the piss.

Sorry I haven’t read through everything here OP but we sold (quite recently) beneath the shadow of the actions of a similarly awful neighbour as sellers we moved heaven and earth. We issued a strongly worded and accurate letter from our solution rebutting the neighbour’s claims, and threatened that if mediation didn’t succeed we’d instruct barristers. In such a situation he’d have been liable for costs of 50k + as well as his own. Despite his bluster about having deep pockets he eventually saw sense and signed a boundary agreement stating that were the rightful owners of the contested drive We always knew this. But the buyers’ solicitors rightly wanted a formal agreement. You, OP, should be demanding nothing less (via your solicitor). And the sellers ought to be sweating to make this happen.

This.

Agree with @confusedaboutetiquette at 20:55. You’re going to have to run with it yourself and push hard, since the “professionals” are not taking it seriously enough.

I think initially, I was fully depending on my solicitor and was awaiting for further advice from them.

Today though, realities kicked in and I've now established - this is on me to sort out.

I've done what I possibly can today. Tomorrow morning, further email to estate agents to ask who will be dealing with my case whilst the one who replied is on holiday!

Call to the auction person again to discuss.

I've no idea if the sellers aware at this point.
Someone from estate agents could have told them today?

Good. I'm glad that you're being proactive.

The auction house simply has to get this sorted out, since the property is no longer what you bid on.

I'd specifically contact estate agents and tell them to make contact with sellers and say that you're also notifying auction house too. That this will hold up sale and they need to be notified ASAP

I’m sorry to disagree, but I’d be going straight to my solicitors and insisting they communicate directly with the vendor’s solicitors/auction house. The estate agents are only interested in their commission, this is in a different league, I would think.

In my experience of moving house you need to become an absolute thorn in the side of everyone involved, if you want to get things done with any urgency. Don’t assume any of them will just get on with the job they’re paid to do. It’s bloody exhausting, but necessary and does yield results.

Good look OP, absolutely rooting for you!

Following this as im outraged on your behalf. You've been very calm about all this, I for one would have contacted everyone as soon as I saw the wall was gone and probably gone to the neighbours myself, id be out taking pictures and making a point im aware property has been stolen

Assuming this is a traditional auction,You exchange straight after the hammer goes down…you pay your 10% deposit on the day and sign the seller’s pre-prepared contract you have hopefully read before bidding.

you need to make it very, very clear that you won’t be completing until you’ve got your land back.

I think the OP said this was a modern auction where completion doesn'r happen at hammer fall....in any case unless the seller knew about the landgrab and it is reflected in the legal pack, then the seller is in the position of having allowed a discrepancy between the lot and the legal documents.

This, leave it to solicitors. They'll sort it for you.

maybe so but CHASE CHASE CHASE.

@MummyToBeAgain1 You have been given some good advice on the thread, but I would suggest you also post your issue on gardenlaw forum - there are lawyers on there who will be able to help - they may even provide you with templates and legal precedents you can use in your comms to the various parties involved.

When you write to your solicitor again please write in the subject line “Urgent- response required today - boundary dispute” in caps and reiterate the same in the email. and if she doesn’t get back to you within today then email again copying managing partner from her firm (you can find it on their website) and be very clear how many times you emailed/called and have not gotten a response or an ETA. That should get her attention.

Just want add my suppport op.

Its awful how some greedy land grabbing CF's can cause such trouble. Hope karma kicks them in the balls