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Original poster

Help! Potential boundary issues with potential new neighbours...pics included

38 replies

ediepop · 20/09/2015 12:19

We are in the process of buying a 30s semi...this process has been protracted to say the least, and for various reasons have only just had our survey back. Amongst other red flags, our surveyor has noted two possible issues with the neighbours. One is, their gutter has been continued on the property we want to buy, with the downpipe actually running down the gap between 'our' extension and boundary. The other is their shed at the rear of the gardens, protrudes into 'our' garden...

DH wants to go round this afternoon and knock on the neighbours' door and ask if they are aware if these issues. He plans to be extremely pleasant and friendly - very non-aggressive and just wants to see what they say. Tbh , the shed thing doesn't bother me that much - it's not by much and I'm not going to get my knickers in a twist about a few inches. The gutter on the other hand seems extremely cheeky - I can't understand why they would have done this and why the current owner allowed it. If indeed she is aware of it. I assume we could enforce the boundary and get the neighbours to move the shed and gutter, but then presumably we'd have permanently bad relations with them, and would have to declare the dispute when we came to sell...

So I guess I'm asking - is it a good idea to approach the neighbours before we actually buy the property, or should we just walk away altogether? The survey has raised several other issues that make us nervous too, but I'm not sure if that's just inexperience - we are FTB.

Any advice appreciated!

Help! Potential boundary issues with potential new neighbours...pics included

OP posts:

LIZS · 20/09/2015 12:21

Surely you need to ask the vendor if there are any existing disputes or agreements.

seastargirl · 20/09/2015 12:24

I'd speak to the vendor before the neighbours to see what they say about it. If they've agreed to it then you'd need Rui approach the neighbours carefully.

Original poster

ediepop · 20/09/2015 12:34

We've had the ?Property information form back, which says there are no issues with the neighbours.

I suspect the owner is unaware or doesn't care about either issue. She is on the elderly side and has not maintained the house. She also failed to mention it was leasehold not freehold when listing the house. Although I think the estate agents should have asked. One reason why this has all dragged out. (we offered in June)

OP posts:

LIZS · 20/09/2015 12:36

The houses may well have shared a down pipe before the extension was built. Looks like the shed has been there a while too.

Fairylea · 20/09/2015 12:38

It looks like the vent from their boiler would run too close to the guttering if they had it on their side so they've been a bit cheeky and run it down the side of the neighbour. If the current neighbour didn't have an issue with it personally I don't think it would bother me. The worst that would happen is they would need to ask to pop round to get access to it to repair it and things like that rarely need repairing. I guess it depends how much you like the house!

howtorebuild · 20/09/2015 12:40

I had a neighbour do that, they were all sweetness and light when they had things their way, then got nasty when you tried to get their roof overhang, guttering etc from your land. I wasn't up for a fight and sold instead. I wouldn't touch this house with a bargepole, you will have horrible neighbours, op.

Sallyhasleftthebuilding · 20/09/2015 12:41

You have solicitors to question these things. So you can ask them to ask. If you want a fence they will have to move the shed.

Original poster

ediepop · 20/09/2015 13:05

Yes, I think it is probably best left to the solicitors. I think DH just wants to feel out if the neighbours are going to be 'difficult' though as if so, it's another black mark against the house. Tbh, we are thisclose to pulling out anyway.

OP posts:

Roseandbee · 20/09/2015 13:09

Is that a gate on the fence going between the two properties?
There could be a few explanations, the fence may have been moved whenever it was replaced, i got a new fence and lost a tiny bit of land to the neighbour.
My house also used to be two relatives living next door to each other.
If these things bother you and you would like them rectified id ask the neighbour now or ask the seller to sort the issue before you move, as theres probably no dispute at the moment, but there might if you raise the issue with them after you move in.

Roseandbee · 20/09/2015 13:14

Also i wouldn't be too quick to let a survey put you off, as they can sound terrible but if its all words like "may, might or could" its just the surveyor trying to cover himself for any problem under the sun that could, might, may arise in the future. What did they find and have they given you costs for anything?

SoupDragon · 20/09/2015 13:17

I don't see the problem with the gutter - the downpipe for my 1930s semi goes down my neighbours side of the boundary. If they built an extension, something would need to be done with this.

Original poster

ediepop · 20/09/2015 13:18

No, there's no gate there. The fence stops at the shed. The fence is the neighbour's. There is no other fencing at all on the other two sides of the garden - the house backs into some woodland, so actually the boundaries on those sides are a bit of a mystery anyway. I guess we would need to establish those as well.

OP posts:

SoupDragon · 20/09/2015 13:23

It looks like the fence has been put up on your neighbours side of the boundary by at least the width of a concert post - there seems to be an old post by the shed. It is entirely possible that the shed is actually on their side of the original boundary.

LineyReborn · 20/09/2015 13:26

Leasehold?

I personally wouldn't touch it.

Icanseeclearly · 20/09/2015 13:45

Does the drain pipe end with a proper drain?

If it is a soakaway or the drain isn't fully functional your extension is in danger. A friend had to have major work due to subsidence caused by a similar arrangement that was unnoticed for years. Luckily the neighbour had house insurance as it was virtually a full rebuild - underpinning, back filling, internal walls down and replaced, upper floor redone and new staircase etc. It took 6 months.

LineyReborn · 20/09/2015 13:46

Ican and that was presumably a freehold. Imagine the stress of a leasehold.

Original poster

ediepop · 20/09/2015 13:48

Survey hasn't given us any costs but has highlighted things like roof issues, damp issues (house may need new DPC), asbestos ceilings (artex), lead pipes in the bathroom. There is also the possibility that the rear extension has not been approved by building regs- seller has declared they weren't necessary, but I don't see how that can be right ?? One for the solicitors I guess.

The leasehold issue is being sorted - we said we'd pull out unless the vendor bought the freehold before we completed, which i think has now been done. I may threatened to give birth in the EAs office unless they sorted it asap, once this came to light. (am 39+6 today...)

Good point about the boundary SoupDragon. Although as it's their fence, wouldn't they have erected it in their favour?

OP posts:

WickedWax · 20/09/2015 13:54

Is this your dream house, your forever home, an absolute bargain?

If not, then walk away.

It sounds like a money pit, with the added bonus of some "give them an inch and they'll take a mile" next door neighbours.

TheHouseOnTheLane · 20/09/2015 13:54

Not necessarily no...my neighbour lost himself a good 2 feet when he did his fences...no idea why!

Original poster

ediepop · 20/09/2015 13:55

Ican There's no pic to show a drain, but I'm guessing not. The house's own downpipe, which is also there doesn't seem to have one either and the surveyor has said it should be routed away from the foundations. So it would seem they both need to be moved...hmm.

OP posts:

Fairylea · 20/09/2015 13:56

Damp and roof issues alone would be a huge no from me.

We ended up spending £10k we didn't have fixing a roof problem that was causing huge issues with condensation and damp inside the house to the point we couldn't have the upstairs lights on (water in the lights! ) ours was an ex council 1950s. Just walk away. Lots of other nice houses out there.

SoupDragon · 20/09/2015 14:13

Although as it's their fence, wouldn't they have erected it in their favour?

Not necessarily. There may have been practical reasons to put it on their side of the boundary. The last two houses I've owned in have had similar odd boundary things. Nothing that would cause problems though.

SoupDragon · 20/09/2015 14:16

Roof and damp issues needn't be major - surveys often mention these things together with a recommendation that you get a specialist survey.

LIZS · 20/09/2015 14:19

Agree , the survey won't be saying there are lead pipes, asbestos etc just that it is possible and you might like to have them checked. Asbestos is fine unless disturbed or broken. It is likely that any work will have replaced lead pipes already.

LineyReborn · 20/09/2015 14:19

Your vendor may have bought the freehold. But has the neighbour? You could still end up deal up dealing with a leasehold company, and they can be dicks.

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