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

Right, spoken to DH who said to check if we can view the property today - booked for 1pm. As soon as I'm out of there - I'll be calling our solicitor straight away and then feet up and a cuppa! And ofcourse, I shall update on here!

I feel like I'm anxious just incase I've got it wrong hence why I want to visit the inside of the garden and also take some piks aswell for our solicitor as proof..

As the house is empty - I doubt the owners children are aware of this new fence.

I know the children did come back to the property a few times over the last few weeks to pick up stuff but I suspect they're done now.

Here's my theory - I'm assuming they may have had a informal chat with the neighbour. The neighbour who knew the house was up for sale as there's a house for sale board up but nothing more. The sellers children may have also mentioned that this would be they last visit as they done with what they had to do.
Light bulb moment for the neighbour who thought fantastic time to put up the fence whereever I prefer. The sellers won't know and buyers will know when it's too late.

Unfortunate for the neighbours - we're obsessed with this property and the location and so excited that we drive past atleast once a week so ultimately caught them out.

While you certainly need to establish it is in the right place, I don't think it necessarily means your neighbour is a nightmare.

If the house has been empty having a ramshackle dividing line may not have mattered.

But new neighbours who are likely to be doing building work which will inevitably mean the back garden becomes an eyesore while it is ongoing, is the time you want a proper fence.

How much does it look like they have pinched? Inches, feet, metres ?

@Doggymummar
From the outside it looks around 1.5ft/2ft.

Missing the point perhaps - but why is the photo marked 'sensitive content'?

Good luck with the visit. Don't forget to take a long tape measure so you can measure the precise dimensions.

@MyrtlethePurpleTurtle
No idea - I just drew a vague outline of what I was talking about - no personal/sensitive info at all.

@MrsOvertonsWindow
The tape measure is already sat in my bag waiting for action!

Why was it sold at auction rather than using an agent? Because they knew the neighbours were arseholes but didn’t want to report them because it would need declaring and didn’t want the prospective buyer to find out until it was too late?

I would be very suspicious.

Onus is on the seller to resolve as per their contract pack with you.

Boundary disputes between neighbours can end up costing a load more than the £10k you’re already in for. Beware.

Exactly this. It might be an auction property butt the beneficiaries of the deceased’s estate are the current owners and it is up to them to resolve the dispute before exchange. Your solicitor will contact the solicitors and agents on the other side and inform them of the issue. Exchange should only happen once it’s resolved.

Off to Tesco for popcorn.. Anyone want anything?

@JurgenKloppsTeeth
The reason it was on auction was because the 96 yr old owner died towards the end of last year. The house needs modernisation/gas connection/central heating/new wiring.
The owners children are scattered around the UK so ultimately wanted a quick sale.

that is what they have told you and I am not saying its not true......but it might not be ALL the truth!!

No you're paying a solicitor for this sort of thing. You can't start engaging with neighbours for a property you don't even own. It's not their garden yet, but it is something that needs to be addressed before you exchange .

This isn’t uncommon I’m afraid.

When my neighbour replaced the fence their workman did come onto our land (without permission) and whilst I was irritated I do think they have the right to access adjoining land if it’s to repair or maintain property. So I’m not sure crossing the boundary is necessarily trespass but stealing land is definitely a civil matter which needs addressing.

I would be calculating how much it’s going to cost to pull out of the sale as this is an ominous start and boundary issues are a really horrible and messy business. Even if the current owners persuade next door to move the fence you are always going to feel on edge that they might do it again while you are on holiday etc.

Get your 10k back because the land is no longer intact.
Don't proceed with the sale. These are not people you want to live next door to.

@godmum56

Well, we'll soon find out!

When the seller approaches them to remove the fence from they land - what happens next will tell us all about the neighbour!

how the sellers react to the problem will tell you a bit too!!

This

FWIW estate agents' details don't form part of a binding contract either and have disclaimers to say so - which is probably just as well given the rubbish so many spout

The "binding" part comes as a result of searches, declarations the vendor has to complete and so on, the trouble being that not all vendors tell the truth
Luckily though OP's spotted this before it's all gone through, so it can hopefully be sorted or failing that she can just walk

Edited to add I see OP mentioned it's a property which needs renovation with vendors scattered all over, so an auction makes sense in those circumstances

@godmum56
True but I'm also conscious that they have a fee to pay to the auction aswell or maybe they paid it at the start.

It's not so simple for them to just say well, we no longer want to sell the house as they'll also lose out!

You already know all about them. They are thieves.

This is exactly why everyone should do a check pre-exchange, to ascertain that everything is as you expected and as declared in the various schedules.

Too late once you have exchanged / completed to find that the vendors have ripped out the original fireplace and taken it with them, a catastrophic bathroom leak has caused the kitchen ceiling to collapse or the neighbours have helped themselves to part of the garden or drive.