Page 22 | NEIGHBOUR CROSSED THE BOUNDARY BEFORE EXCHANGE

MummyToBeAgain1 · 2025-03-26T09:29:39+00:00

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

confusedaboutetiquette · 08/04/2025 11:11

@godmum56 yes - far better put! Our own next door lunatic also shows his true colours frequently on social media.

AlphaApple · 11/04/2025 07:15

whats happening @MummyToBeAgain1?

Original poster

MummyToBeAgain1 · 11/04/2025 11:27

Hello everyone

Apologies for not updating.

We do have some progress - my solicitor has raised the boundary enquiry with the sellers solicitor via email. Awaiting a reply from them.

I also spoke to the auction person who said she will contact the seller/their solicitor and get back to me as soon as she has a update.

Drove past again and still the same.

Fingers crossed now for the desired outcome.

OP posts:

WearyAuldWumman · 11/04/2025 12:35

Well, that's all the relevant parties informed, so keeping everything crossed for you OP.

Original poster

MummyToBeAgain1 · 11/04/2025 12:46

WearyAuldWumman · 11/04/2025 12:35

Well, that's all the relevant parties informed, so keeping everything crossed for you OP.

Thank you. Could not have got through this without the support from MN. The advice given by people was brilliant - things that wouldn't have even occured to me.
And most of all - the stories that relate to my situation. It's so much stressful than it probably sounds!

OP posts:

WiddlinDiddlin · 11/04/2025 12:51

Yep, everything crossed for you!!

Helen1625 · 11/04/2025 17:39

MummyToBeAgain1 · 11/04/2025 12:46

Thank you. Could not have got through this without the support from MN. The advice given by people was brilliant - things that wouldn't have even occured to me.
And most of all - the stories that relate to my situation. It's so much stressful than it probably sounds!

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@MummyToBeAgain1 thanks for the update. Hoping it's sorted out quickly for you. It must be so frustrating for you yet the people who have stolen the land haven't considered/don't care about the hassle they are causing for all parties involved. What selfish, inconsiderate tw@ts to take advantage like this. They have potentially caused a whole heap of problems. I hope they have to pay to have the brick wall replaced! As if they thought they could just get away with it!

godmum56 · 11/04/2025 17:56

MummyToBeAgain1 · 11/04/2025 12:46

Thank you. Could not have got through this without the support from MN. The advice given by people was brilliant - things that wouldn't have even occured to me.
And most of all - the stories that relate to my situation. It's so much stressful than it probably sounds!

Show quote history

you are welcome OP and fingers well crossed.

Silvers11 · 11/04/2025 21:57

Good to see your update today. Was wondering how it was going @MummyToBeAgain1 . Fingers crossed all will be resolved soon.

Original poster

MummyToBeAgain1 · 11/04/2025 22:24

confusedaboutetiquette · 08/04/2025 08:52

Here's the thing OP. The other side and their olicuitiors HAVE to fix this... if not for you (I suspect you may pull out of the deal) then for the sake a future sale. They now have a boundary dispute, and no other buyer (under the advice of their solicitor) is going to touch that property without an agreement.

Exactly!! Now that this has started, if they don't get it sorted, they can't just pretend the issue doesn't exist in the future. On top, fhe seller also has a deadline - 4 weeks remaining to get this sorted.

I've done my part, lets see what happens next!

OP posts:

RockyRogue1001 · 11/04/2025 22:30

🤞🏻🤞🏻🤞🏻🤞🏻
Good luck OP

Original poster

MummyToBeAgain1 · 11/04/2025 22:34

Netaporter · 08/04/2025 10:08

I don’t disagree with what you’ve said, however the situation is different with a traditional auction sale. The legal information pack is all of the documentation that the vendor has agreed to disclose and quite often there is a clause stating that you may not ask further questions of the vendor’s solicitor. The exchange takes place as soon as the auction has ended so it is about completion. You would be amazed how many people buy properties at auction having not read any of the legal pack nor visited the property and it is the case that you may end up buying a property that has a boundary dispute in existence which has been disclosed in the documentation. Auction sales are about realising the cash as soon as possible.

In this case, I think it appears to be a probate sale which does not indicate any knowledge of any boundary dispute (indeed the situation arose after the exchange had taken place)and more about facilitating a speedy sale. I think a PP mentioned that this is a modern method of auction (I’m not familiar with how these differ as I’ve never used one) but I’d be surprised if the OP does not have the right to walk away given that the terms of the agreement at the end of the auction have materially changed.

it is the case that the vendors may choose not to compel the OP to complete on the sale, do not resolve the boundary dispute and simply put the property back into another auction. If they do not acknowledge that there is indeed a boundary dispute, there would be no need to disclose it in another auction sale. It wouldn’t be how I would conduct myself, but I think it is probably up to the edge of where you may draw the legal line.

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In our situation, the exchange hasn't yet happened due to it being bought via modern method of auction.

Also, we did view the property and thoroughly read all the documents. The property as of today is not the same as what we won at the auction. The estate agent confirms this.

The thing is if the sellers back of, they also lose the fee they have paid to the auction place. It's not as simple as - 'well, we don't like what you're saying so we don't want to sell to you anymore and are putting the property back on auction.'

No idea what to expect over the next few weeks but fingers crossed it gets sorted - they still have just over 4 weeks so enough time.

OP posts:

Original poster

MummyToBeAgain1 · 11/04/2025 23:01

Helen1625 · 11/04/2025 17:39

@MummyToBeAgain1 thanks for the update. Hoping it's sorted out quickly for you. It must be so frustrating for you yet the people who have stolen the land haven't considered/don't care about the hassle they are causing for all parties involved. What selfish, inconsiderate tw@ts to take advantage like this. They have potentially caused a whole heap of problems. I hope they have to pay to have the brick wall replaced! As if they thought they could just get away with it!

Show quote history

Thank you and I couldn't agree more.
I was saying to DH earlier - what was meant to be a exciting time has now left a lingering fear at the back of our minds. We don't have certainty nor control of this situation.
As far as we were concerned the exchange would have happened by next week as all checks were done within a week from the auction date.

I'm certain a female saw us observing the fence through the window when we went to view the property again a ŵeek or 2 ago. She must have told the other family members so they'll know that something is going on. Yet, they still haven't moved it or sorted it.

It's either that they CFs who are trying they luck or worse have no intention of putting it back to what it was OR they genuinely thought that was theirs (maybe an informal agreement with the home owner years ago).

Just a little suspicious that they decided to put the fence up when we were days away from potentially exchanging and completing.

OP posts:

Swiftie1878 · 12/04/2025 04:10

MummyToBeAgain1 · 11/04/2025 23:01

Thank you and I couldn't agree more.
I was saying to DH earlier - what was meant to be a exciting time has now left a lingering fear at the back of our minds. We don't have certainty nor control of this situation.
As far as we were concerned the exchange would have happened by next week as all checks were done within a week from the auction date.

I'm certain a female saw us observing the fence through the window when we went to view the property again a ŵeek or 2 ago. She must have told the other family members so they'll know that something is going on. Yet, they still haven't moved it or sorted it.

It's either that they CFs who are trying they luck or worse have no intention of putting it back to what it was OR they genuinely thought that was theirs (maybe an informal agreement with the home owner years ago).

Just a little suspicious that they decided to put the fence up when we were days away from potentially exchanging and completing.

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Trouble is, these are potentially your future neighbours…

Witchywoo41 · 12/04/2025 07:39

We had this exact issue when we were buying our house. Apparently they had been arguing for years over the boundary line but just between themselves and not formally, the neighbour decided to take action once the house was fully empty - the week before we were due to exchange! It took 3 months to resolve op! The boundary line was reinstated but we had to go into rented to break the chain or we would have lost our buyer, it was the most stressful 3 months of my life! Good luck OP I’m thinking of you!

Witchywoo41 · 12/04/2025 07:42

Forgot to add it was our seller who had to reinstate the boundary to complete the sale and they could have sued the neighbour - I don’t know if they ever did.

Ohioatdawn · 12/04/2025 07:56

Place marking for update!

Mirabai · 12/04/2025 08:10

Good luck OP I hope the neighbours can be got under control.

AlwaysCoffee25 · 12/04/2025 09:10

I feel sorry for both you and the vendors OP. The neighbours are the only ones who have caused this issue.

AlwaysCoffee25 · 12/04/2025 09:13

Swiftie1878 · 12/04/2025 04:10

Trouble is, these are potentially your future neighbours…

Show quote history

Yes my thoughts too

Stanley44132 · 12/04/2025 09:53

Ohioatdawn · 12/04/2025 07:56

Place marking for update!

Me too

Pasithean · 12/04/2025 10:11

5 years of battles and over 40k. Don’t do it swallow the 10k loss and run.

piscofrisco · 12/04/2025 10:16

Me too! Even if all this gets resolved and in time I don’t think I’d ever be able to look at those neighbours without anger. Bastards. The neighbours at the end of our garden broke in whilst it was empty and savagely lopped a tree that was probably blocking their light to their new extension. They had no permissions for this and had had no discussions with the former owners. We have no concrete proof (our sideways neighbour saw them but didn’t record it assuming they had permission). The tree looks absolutely awful and will take years to grow back to anything we can shape nicely. It’s not a big deal but it is galling and it irks me every time I look at it.

Weefox · 12/04/2025 10:33

Just go to the solicitor ASAP - needs to be sorted now

starfishmummy · 12/04/2025 11:00

It's either that they CFs who are trying they luck or worse have no intention of putting it back to what it was OR they genuinely thought that was theirs (maybe an informal agreement with the home owner years ago).
Just a little suspicious that they decided to put the fence up when we were days away from potentially exchanging and completing.

Have you considered that maybe it is actually theirs and knowing the property is sold, they decided they had better re-instate the proper boundary line. Could have been your vendors family member that was the CF.