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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:
Ophy83 · 06/05/2025 16:27

Surely the price reduction should have been on the basis that ownership of the strip of land is now in dispute, not that you have to amend the land register?

RawBloomers · 06/05/2025 16:28

TheHerboriste · 06/05/2025 16:26

This doesn't make sense. Once the sellers no longer own the property, they can't make you change the land registry details.

Take possession, tell the CFs to remove their fence and put up one of your own.

Show quote history

Sellers probably don’t really care what happens after completion.

TheHerboriste · 06/05/2025 16:29

MummyToBeAgain1 · 06/05/2025 16:21

If I'm honest I don't think the sellers knew what to do. It's so so difficult to make effective decisions in such high pressure situations.

If I hadn't initially posted on here and taken the advice on board, hand on heart, I would have no idea either and gone along with whatever my solicitor said.

I knew from what I had read that my deadline had gone out the window as this was the sellers issue, I knew an auction property had to be sold as seen so now that a change was made - something had to be done.
I took this on board and it worked out in my favour.

I was the one who suggested the neighbour moved the fence, after viewing it, we realised it wouldn't be so simple. So, the second option I proposed was for them to change it on land reg prior but this would take a fèw months and wasn't ideal for the auction company or the sellers and so they accepted my 3rd option of price reduction and lang reg change after completion.

People were on leave etc which meant decisions had to be made over the course of hours - very quickly under a lot of pressure.

Show quote history

Why wouldn't the neighbors moving the fence be simple? What is the impediment to doing that?

I realize you are extremely stressed but you need to begin as you intend to go on. Give these CFs an inch now, and they will be harassing you forever. Best to nip them in the bud, forcefully.

Belindabelle · 06/05/2025 16:32

I think this will be fine. You have got the house you wanted for less than you were prepared to pay. For the moment you are ok with the position of the fence.

You the upper hand, as far as the cheeky fuckers are concerned they have got away with it. They don’t know that you know. They probably think you won’t be selling for ages and if anything comes up they will claim this land as there’s as X amount of time has passed or some other bullshit.

Once you are moved in and settled you can get the land back if you want.

dick27 · 06/05/2025 16:36

The sellers are able to sue the CFs for the reduction in price - but they probably won't.
The CFs have done a land grab but don't have the title deeds to back this up.
You will have the upper hand BUT your home insurance legal cover won't cover this as its pre existing. Make sure you get what you need from your conveyancing solicitor in writing prior to completion.

akkakk · 06/05/2025 16:41

buy house
move in
use evidence to appoint a boundaries surveyor
serve notice on the CF neighbours that the fence is in the wrong position
reclaim land.

Puzzledandpissedoff · 06/05/2025 16:42

ickky · 06/05/2025 16:26

As I know the land registry take months and months to revise the title plans, are you buying it with the original title plan including the stolen but of land?

If you are, then once the sale has gone through, you can then contact (letter before action) the CF neighbours and ask them to remove their fence before you get solicitors involved and it costs them a whole lot more money.

I wondered about this myself, ickky, and also whether the fact that OP's agreed to change the deeds after completion has somehow been recorded in the legal sale documentation

Because if it hasn't, I can't see what's to stop her simply saying it's not going to happen

Pasithean · 06/05/2025 16:42

Your situation is similar to how ours started. Resulted in court , prosecutions for criminal damage and the cost. Just short of 50k. Run now.

Thanksforyourlackofthought · 06/05/2025 16:47

akkakk · 06/05/2025 16:41

buy house
move in
use evidence to appoint a boundaries surveyor
serve notice on the CF neighbours that the fence is in the wrong position
reclaim land.

Exactly this.

MissDoubleU · 06/05/2025 16:52

ickky · 06/05/2025 16:26

As I know the land registry take months and months to revise the title plans, are you buying it with the original title plan including the stolen but of land?

If you are, then once the sale has gone through, you can then contact (letter before action) the CF neighbours and ask them to remove their fence before you get solicitors involved and it costs them a whole lot more money.

This is what I’m saying.

Surely AFTER completion no one can force you to update the land reg. You own the property as is and the r neighbours are now officially crossing their boundary and into your land and you can take whatever action to retake what is rightfully not theirs

ickky · 06/05/2025 17:02

The current time for amending title plans with Land Registry is a minimum of six months and that is after a Solicitor expedited it.

I only know this as my parents recently went through this process.

commonsense61 · 06/05/2025 17:06

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Thejugglestruggle · 06/05/2025 17:06

Fountofwisdom · 26/03/2025 09:56

Contact your conveyancing solicitor immediately and tell them you will not be proceeding until this is resolved. However, I would be very reluctant to proceed now. These neighbours are CF who have been really sneaky, rushing in to steal land while the property is empty, in the hope you wouldn’t notice. If they do that, they will undoubtedly be trouble in other ways, I’m sorry to say.

Totally agree with this. No house is worth terrible neighbours!

blandwich · 06/05/2025 17:08

It would be so tempting to threaten the CF neighbours with legal action to get the land back if only to prevent them from winning, but OP has to live next door to these people, and if she and her husband are satisfied with things as they stand, she may prefer to just let the CFs get away with it.

I understand the principle of not giving an inch, but in the real world it's not always so black and white. It would be nice to have them know in some way that you know what they've done and have your eagle eye on them watching for any future misdeeds, but putting up cameras may be enough of a deterrent.

Hufdl · 06/05/2025 17:13

I wouldn't want to be next door to people like this.
I would be pulling out.
Not worth the risk.

Viviennemary · 06/05/2025 17:16

Azdcgbjml · 26/03/2025 09:50

Honestly, I wouldn't want to proceed with the house. I think there will be trouble with those neighbours.

Check the deeds though. Perhaps the fence was in the wrong place before? And let your solicitor know what has happened and get them to raise a query. Definitely don't exchange unless this is resolved to your Satisfaction.

I wouldn't go ahead either. Problems with neighbours before you've even bought the house isn't good.

TheMeasure · 06/05/2025 17:20

They can't pull out. It's an auction property. They're committed.

PeloMom · 06/05/2025 17:22

Id also reclaim the land after completion. I’d rather wait weeks/ months for them to move the fence than wait for land registry to correct for the same amount of time if not longer.

Hufdl · 06/05/2025 17:24

TheMeasure · 06/05/2025 17:20

They can't pull out. It's an auction property. They're committed.

Even if the property is no longer as it was advertised for sale originally?
That seems strange and unlikely.
Whats to stop anyone selling something and then changing the spec when someone has committed to buy?

CantStopMoving · 06/05/2025 17:25

best case is to take the discount, move in but keep the land in your name. Accept the fact they are squatting on it. All you have to do is send them a letter saying you give them permission to squat on the land (so no adverse possession possible) but it remains yours. If they ever come to sell the original boundary will need to be reinstated.

alternatively they can buy that land off you.

LuckyPeonies · 06/05/2025 17:41

Absolute CF’s, & infuriating they may get away with it. Apparently this situation is so common, some solicitors specialize in it.

Neighbour’s Fence On My Land

Neighbour's Fence On My Land - What Can I do About It? It can be very frustrating if your neighbour builds a fence on your property, however there are...

https://propertydisputes.co.uk/neighbours-fence-on-my-land/

Imisscoffee2021 · 06/05/2025 17:47

I'm so angry on behalf of the sellers, do the cheeky fucker land grabbing neighbours at least KNOW that everyone knows what they did!? I'd be asking for a letter sent at least just telling its known what they did in legalese in case they're buoyed by getting off Scott free and try anything else. What vile people profiting from a family death.

RawBloomers · 06/05/2025 17:50

OP one thing to consider if you have a mortgage for this property, is whether the mortgage company will be happy with you just changing the land registry after completion. It sounds like you’re buying the whole property with a sort of side agreement you’ll knock this bit of land off after. If the mortgage company aren’t aware that this bit of land isn’t really included in the sale, they may get arsed after as it would be a form of fraud (which I get would not be your intent).

Appreciated, you may well not have a mortgage, in which case ignore this!

Anewdawnanewname · 06/05/2025 17:55

Why are they bothering changing it on the land registry? Are they having to pay the changes to hand it over to the neighbours? I think if I was the seller, I’d rather discount the price for the buyer and leave it as it is that hand it over to the CF legally.

EleanorReally · 06/05/2025 17:56

that is appalling behaviour of the future neighbours