Page 7 | 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

RaspberryBeretxx · 26/03/2025 15:48

Cottesloe · 26/03/2025 15:16

Even a bloody foot matters!

However @MummyToBeAgain1 I would see the vendor tomorrow and let them deal with it, then you can be exonerated can't you? Meaning they wont know its you.

Good luck and let us know how it went!

Edited

Show quote history

Oh yes, I wasn't suggesting a small amount didn't matter. I was just pondering their motivation (ie are they just bonkers or is there some sort of gain for them) but OP replied and said how tiny their garden is and that the small area dramatically improves their access.

Original poster

MummyToBeAgain1 · 26/03/2025 15:49

UPDATE
We went at 1pm. As suspected they had crossed in to our property - broken the wall down, cut of all the bushes/shrubs and got rid of them and put a fence up all the way to the end. They had also put slabs in they garden to cover the part that they've taken! FYI - that side of the boundary wall is ours which has been confirmed by the seller. Essentially, they've taken a wall down which isn't theirs.

I called the solicitor who wasn't in the office so sent a lengthy detailed email with piks attached. I'll call her in the morning again.

I know 1.5ft isn't a massive amount but it adds up when they've taken this amount right to where the garden ends longways. Plus, this will cause issues if we wanted to sell in the future. And most importantly, I don't want them to think that we're pushovers because they'll keep doing it.

Also, this is via modern auction. So, we have 56 days to complete and the contracts are not exchanged at the beginning.

Someone said I've been sat on mumsnet all morning rather than sorting it out. I couldn't do much this morning apart from wait to view the property at 1pm!
I learnt so much and recieved fantastic advice on here that it was actually a morning well spent!

@BigtixNo, it's not. I compromised and we backed of. Thankfully, we found the current property which is in a much better location, bigger and we've got it for £30k less than the we had put an offer through for last year. So, we're both happy :-D

OP posts:

Delphiniumandlupins · 26/03/2025 15:53

This might be to your advantage long term, if you still have plenty garden. You know these neighbours want a strip more land to enable access to their back garden so perhaps you can negotiate a sale in the future. Definitely get your solicitor to sort this 'land grab' just now.

Northernladdette · 26/03/2025 16:02

Thebloodynine · 26/03/2025 15:39

I’d argue that if you build something on someone’s else’s land which is sold, and everything on that land is sold as seen, then the new owners could rip it down and just go “oh, why would you have put your fence in our land… that’s an odd thing to do. Oh well, we’re putting up a new fence on the boundary anyway, you can have yours back.” And just carry on all breezy like. What can they do? They don’t own the land so any action they take will have to include “we built on land we don’t own and now want to sue.”

I know it’s their fence and it’s destruction of their property… but what could they actually do about it 🤷‍♀️

Show quote history

Whether it’s been erected rightly or wrongly, it’s still his fence. He bought it, it’s his. Also no one owns a boundary, you just have a boundary you’re responsible for. Anyway, there’s an update 😉

simpledeer · 26/03/2025 16:02

And you still want to live next door to these people?

You can’t ever say you had no idea what they were like!

CowTown · 26/03/2025 16:09

“We cannot go through with the sale until the boundary is put right; the state it was when we bid on it at auction.”

SnailedItNow · 26/03/2025 16:16

Even if they reversed their actions, I wouldn’t touch this house with a barge pole now. They will be neighbours from hell. They will hold a grudge. It’s a lot of money to lose. But losing money is worth it for peace of mind. Please don’t buy it. I am sorry this has happened. What idiots they are.

Angels1111 · 26/03/2025 16:20

MummyToBeAgain1 · 26/03/2025 15:49

UPDATE
We went at 1pm. As suspected they had crossed in to our property - broken the wall down, cut of all the bushes/shrubs and got rid of them and put a fence up all the way to the end. They had also put slabs in they garden to cover the part that they've taken! FYI - that side of the boundary wall is ours which has been confirmed by the seller. Essentially, they've taken a wall down which isn't theirs.

I called the solicitor who wasn't in the office so sent a lengthy detailed email with piks attached. I'll call her in the morning again.

I know 1.5ft isn't a massive amount but it adds up when they've taken this amount right to where the garden ends longways. Plus, this will cause issues if we wanted to sell in the future. And most importantly, I don't want them to think that we're pushovers because they'll keep doing it.

Also, this is via modern auction. So, we have 56 days to complete and the contracts are not exchanged at the beginning.

Someone said I've been sat on mumsnet all morning rather than sorting it out. I couldn't do much this morning apart from wait to view the property at 1pm!
I learnt so much and recieved fantastic advice on here that it was actually a morning well spent!

@BigtixNo, it's not. I compromised and we backed of. Thankfully, we found the current property which is in a much better location, bigger and we've got it for £30k less than the we had put an offer through for last year. So, we're both happy :-D

Omg I didn't realise from your original posts that they'd actually torn down walls and shrubs, they did it completely knowingly in that case and can't feign innocence. As others said I'd not want to be living next to them!

CarrieOnComplaining · 26/03/2025 16:25

OP - have you notified the vendors? Or the agency handling the auction?

ETA though presumably it was the agency who showed you round today?

Thisisittheapocalypse · 26/03/2025 16:26

CowTown · 26/03/2025 16:09

“We cannot go through with the sale until the boundary is put right; the state it was when we bid on it at auction.”

This.

You bid on property A, not property A minus 25 square meters.

BarbaricYawp · 26/03/2025 16:27

Depending on the nature of the original wall this might reach the threshold for criminal damage, which could give you some leverage.

Easterbunnygettingsorted · 26/03/2025 16:28

The current owners should have them done for damaging their wall. And effectively stealing it unless it's dumped brick by brick back on their land...

Bumpitybumpbumplook · 26/03/2025 16:29

Hopefully the neighbors are NOT the pig-headed ones you see in DM who fight and fight the losing battle and cost both sides £££££

Seems obvious the boundaries.

There will be photos, and if you check local planning portal (free) for both properties (one ones behind) you might see plans going back decades with boundaries shown for all the properties … in straight lines.

lessglittermoremud · 26/03/2025 16:30

Sounds like they’ve tried to take advantage hoping no one would notice or care.
We brought our house as an auction lot as it had been repossessed by the bank, our next door neighbour has their fence about 1.5 ft into our garden, rather than where it should be, and it runs the length of the garden.
It has well established bushes against it, so when we realised we queried it, like you we had already paid a substantial amount of money.
Apparently the family who had lived here before were great friends of theirs and weren’t bothered so they had put the fence in at the angle that best suited them and didn’t ask for a contribution for the fence.
We’ve let it go because relations between us and them are slightly frosty, they seem to begrudge us being here and their friends being ‘forced’ out
However if they had done the fencing whilst we were at the start of the process of buying I would have absolutely challenged it, I think by us not bothering to do anything it’s created an impression we’re bit soft and the neighbour has done other CF things on a minor scale ever since then….

SparklyGlitterballs · 26/03/2025 16:30

So they've intentionally destroyed not only a wall that wasn't theirs, but also plants and shrubs. That's classed as criminal damage.

Beachhutlover · 26/03/2025 16:30

I’ve never posted before ( lurking for years!) but felt compelled to warn you this could be a big problem. We had a 2 year boundary dispute over 18inches, the neighbours also put a patio up as far as our garage wall and did this without us realising just before completion. This took 2 years , a lot of stress and upset, and £20,000 to resolve using solicitors. Please make sure the current owners sort this out before you exchange and complete, you will need it sorted out if you wish to sell in the future. Anyone who does this sort of thing is not a pleasant person. Wishing you lots of best wishes.

Lassango · 26/03/2025 16:33

SoonTheDaffodilsWillBeOver · 26/03/2025 09:45

To be clear OP - this is not your house. You haven’t even exchanged yet. So you can’t go to the neighbours and say the fence is on your land, because it’s not yet your land.

I would go through your solicitors and say there appears to be a boundary dispute, and you need the sellers to resolve this before exchange. Then it’s their problem.

I think that this is the correct answer.

FortyElephants · 26/03/2025 16:37

How stressful!! I would never buy via MMA it sounds like a nightmare

Thebloodynine · 26/03/2025 16:37

@MummyToBeAgain1
Who showed you round? One of the kids selling the house or their representative. Just wondering if they know about it now or if you’ll have to wait for your solicitor to tell them.

TheHerboriste · 26/03/2025 16:40

SparklyGlitterballs · 26/03/2025 16:30

So they've intentionally destroyed not only a wall that wasn't theirs, but also plants and shrubs. That's classed as criminal damage.

This is what i am thinking. I'd lose my shit if I offered on a property based on (among other things) mature shrubs and plants, and these arseholes took it upon themselves to kill the shrubbery.

OP, I'm glad you spotted this. Begin as you mean to go on; if they think you are pushovers they will make your life miserable. Ask me how I know.

CowTown · 26/03/2025 16:48

Beachhutlover · 26/03/2025 16:30

I’ve never posted before ( lurking for years!) but felt compelled to warn you this could be a big problem. We had a 2 year boundary dispute over 18inches, the neighbours also put a patio up as far as our garage wall and did this without us realising just before completion. This took 2 years , a lot of stress and upset, and £20,000 to resolve using solicitors. Please make sure the current owners sort this out before you exchange and complete, you will need it sorted out if you wish to sell in the future. Anyone who does this sort of thing is not a pleasant person. Wishing you lots of best wishes.

Yes. All must be put right BEFORE completion. By the current owners—it’s not your battle OP (thankfully).

Original poster

MummyToBeAgain1 · 26/03/2025 16:50

Exactly!! The cheeky buggers - not just a fence put up but a wall broken down and the plants all dug out and disposed leaving NO visible evidence of foulplay.

It was the estate agent who showed us but they not really involved in anything more than showing us around. It's the dedicated individual for the auction company who needs to know - I want to speak to my solicitor in the morning before doing anything else!

This will need to be sorted prior to the exchange The garden length is approx 21 metres maybe a bit more so the 1.5ft they've taken adds up to a lot all the way to the end!

Regarding, nightmare neighbours - no way, am I backing of because of them. We love the property, location, the garden - the whole lot. It could just be that they had a informal agreement with the previous owner..

OP posts:

FeelingLikeAFaultyNPC · 26/03/2025 16:55

Beachhutlover · 26/03/2025 16:30

I’ve never posted before ( lurking for years!) but felt compelled to warn you this could be a big problem. We had a 2 year boundary dispute over 18inches, the neighbours also put a patio up as far as our garage wall and did this without us realising just before completion. This took 2 years , a lot of stress and upset, and £20,000 to resolve using solicitors. Please make sure the current owners sort this out before you exchange and complete, you will need it sorted out if you wish to sell in the future. Anyone who does this sort of thing is not a pleasant person. Wishing you lots of best wishes.

That’s awful @Beachhutlover I hope it was equally as expensive, if not more so, for your stealing neighbour. They should have to pay your costs. It must have really spoilt your new home having to deal with all that. I hope you are able to finally enjoy you home, and the stress of it all will soon be a distant memory

moanafan · 26/03/2025 16:55

I’m very invested in this, what cheeky twats the neighbours are!! Please do keep us updated, I definitely want to know how swiftly this gets resolved for you! Fingers crossed for a prompt and proactive solicitor reply!

Coconutter24 · 26/03/2025 17:01

Do the neighbours not realise buyers see plans of the boundaries when purchasing 🤦‍♀️ they’ve tried to pull a fast one for sure