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

There was a strict deadline for the sale due to it being a auction.

Thank you :-)

The CFs would just ignore and scupper the sale presumably. The sellers were on a deadline and CFs had all the leverage.

I have no idea where they stand legally but if I were the seller, I'd be seeing if I could sue CFs separately for the loss in value. But they'd need solid evidence of where the boundary was before, and the big thing is it could be deemed they've 'accepted' the boundary change without selling it to CFs.

I don't know, you'd need a particularly smart barrister for that one.

They've got away with it because it's a auction sale so there's a strict deadline for the completion date.

Thanks for the update OP. Sounds hideously stressful, but I’m glad it’s sorted.

Presumably them sellers can take legal action against them if they want to?

The sellers don’t have to give the land to the neighbours for free surely? They can just keep it as a ransom strip?they can then make a life difficult for the neighbours when they want to sell.

I've no idea about that but good point. What would happen?

Also, when we change it on Land reg then it's the neighbours - for free.

Oh, that's a good point, and the more sensible thing to do. Legally keep the land, just don't include it in the sale to OP. Then chase the CFs separately. That makes much more sense - my bad for just assuming they let the CFs have it.

That’s what I would do! Play the long game! 😂

I would at least hope the sellers knocked on their door to highlight what horrible humans they are and to tell them they should be ashamed of themselves.

@MummyToBeAgain1 now it leaves you able to grab back the land!!! you go back to your solicitor and demand they write a letter to cf neighbours stating the boundary line has recently been altered by them and it needs to be reinstated!! do not let them get away with it!! they will probably comply pretty quietly because they knew they were doing the wrong thing! you need to do this, no matter what you had to pay!! dont change it on the land registry!! any argument they have will never stand up in court!!

The thing is though the final agreement was a price reduction and that we would change it on Land Reg post-completion. Not sure where that leaves us going forward?

Gosh. You went through with the purchase. Good luck living with those neighbours......

It's so incredibly galling when copper-bottomed shitbags who would steal from bereaved people come out on top and are rewarded for their twattery

Once the property is yours couldn't you challenge them because the Land Registry deeds show it belongs to you?

Absolutely, but ultimately a few extra k was not worth the fight to vendors who were getting rid anyway, and lucky for them OP was prepared to live next to these people. If OP hadn't agreed to the reduced plot, someone else would have done.

You must be pleased to get it over the line OP, if not in the way you'd have liked.

who would sue you if you didn’t change it? The neighbours can’t. The sellers presumably don’t care once it was been sold to you. I wouldn’t personally convey to the neighbours- I’d keep it. I would personally send the neighbours a letter to say you are giving them a license to use it until they decide to sell and then it reverts back to you

can’t see why the neighbours should be enriched by this

Oh 100%. The neighbours had everyone over a barrel really.

But still galling.

but were the cf neighbours spoken to or did the sale just get reduced to push it through??? makes no difference because they have effectively tried to do a land grab so nothing to stop you grabbing it back!

Just don’t change the land registry. Sit on it for a while. Wait until CFs try to sell, then put a lien on the sale until they give you your land back.

How is changing the land registry legally binding? Have the CFs been involved? Do they know what has been going on behind the scenes?

You accepted a reduction—part of the land is currently occupied by CFs. Have you signed away your rights already, or merely accepted the compensation?

Is there a legally binding date on the land registry promise? If not….life sometimes gets on the way and admin takes a while…😉

Then lo and behold, a lien is put on CF’s sale in the future…

Good luck living next to those CF neighbours OP.

The sellers have lost money on their sale.

You are going to be living next to CF neighbours who will do god knows what else in the future.

But it's all good - CF neighbours have grabbed land for free, and all the legal stuff to redraw the new boundary is being paid for as well.🙄

Once again, thieves and criminals come out smelling of roses.

Very stressful , glad you got it sorted.

I guess you could still take legal action against CFs to reclaim the land, since there is no record of them having bought it and the Land registry hasn't been change yet and is within your gift to do so?

I would have pulled out of the purchase. I pity anyone who has to live next to such nasty, selfish people. I think you may live to regret this decision OP.