Boundary dilemma

[Berimbolo]

Currently buying house with DH. All going really well so far.

Survey pointed out potential issue with the boundary so waiting for the searches and our solicitor to confirm the situation but they are fairly certain this is the case. We're buying a semi. The non attached side are in the middle of an extension and appear to have helped themselves to a foot in width the entire length of our garden.

Our dilemma is what do we do. If confirmed, the neighbours will have to take down that lovely new fence and give us our garden back. I'm fully expecting that isn't going to go down well and so we'd be starting off a new home on bad terms. We really like the house but this is a big deal. We are in the SE where prices are astronomical and we couldn't afford to move in with a potential issue such as this.

Any thoughts or advice please?

Avoid. Avoid. Avoid. Boundary issues are the worst.

Avoid the property like the plague if they turn out to be unreasonable neighbours or dispute the boundary line. That could tie you up in years of litigation. People get very territorial and emotional about these things. I would make sure the vendor resolves this issue legally before exchanging contracts and if they have gone over the boundary that the fence is moved.
Check Gardenlaw website for examples of disputes, it’s sobering reading.

How much does the foot of garden matter to you?
Does it really make a difference?
Would you still buy the house if your garden was 1foot narrower, but there was absolutely no dispute about it?

If no, find another house to buy.
If yes, buy the house , and leave the fence where it is, and don't have a dispute about it.

the neighbours will have to take down that lovely new fence and give us our garden back

You are dreaming, sadly this is never about who is right it is who has the biggest balls and willing to do the most outrageous things to keep what they took. Also these things fall under civil matters so the police cannot and will not get involved. The solicitor will just charge you an arm and a leg, it will cost you thousands and go on for years.

As Magik1 says, check out GardenLaw forum on boundary dispute or fences to scare the crap out of yourself as to how long these things can go on for, the cost and how crazy people turn out to be.

I would accept the property as is with the new fence line in the place it is. That is all. I would wonder why the vendor didn't stop them. But, do not dispute this. Move, take lots of video/photos of all fence lines/boundaries on all sides. But it would worry me that this sets a precedent for unreasonable behaviour from the extension builders and I would question if I wanted to live next door to that.

Thanks for the comments, much appreciated.

It's not the size that has been taken, it's the fact they have taken it at all. I don't think it is ok to take something belonging to another whatever that may be.
In this instance the house comes with extension plans and the moved boundary causes an issue. I don't think I'm dreaming, we haven't exchanged and wouldn't if it couldn't be resolved. The garden law forum is great, so much information. Too much perhaps that I was only reading issues from people who already moved in but we're still in the process of buying.

Maybe I'm naive but why would anyone let potential new neighbous help themselves to your land and be ok with that.

Your vendors must be particularly stupid.

I'd be tempted to ask both sides what the deal is with it. Vendors via solicitor, next door by knocking on the door. This might be awful advice, hopefully someone will shout if so! Beware of necessarily believing why you're told but at least ask them. If the neighbours are belligerent, I know it's not fun but it is SO much better to know now.

If there has been a dispute over the land then it should have been declared by the vendors, though maybe they have avoided an "official falling out" somehow.

I think ChalkDoodler is right though. Accepting it and rising above it, or pulling out of the sale, are much better for your sanity than taking on a battle like this. Possession is 9 10ths of the law and all that. Even if they did put it back, literally any day you could wake up in the morning and discover they've moved the fence again overnight. I've know it happen.

I've sadly had first hand experience of it which is why I said either accept it or run.

They even targeted my child and scared the shit out of him, so yes, it's 0-crazy in 3 seconds.

I assume the fence line allows them access down the side of the house which is why it has been moved across.

I do agree with Fishforclues, ask via the solicitor why this has been allowed to happen if it reduces the chance of extending themselves.

I don't think our seller is stupid, but maybe he hasn't dealt with it as he works overseas. The house is empty so I can almost understand why the neighbours have done it.
Most like 'he's never there, he won't notice' kind of thing.

Thank you for the replies. We haven't come across this before obviously and the different perspectives have helped.

Well, given your further info, the situation seems simple.

The issue does matter to you, so the vendor has to sort it , or you don't buy.
Don't, don't, don't buy thinking you can resolve it: just not worth it.

Make it crystal clear to vendor that no resolution = no sale.

I wouldn't be holding my breath. I'd start seeing what other houses are available.
I'd make sure to tell my lawyer, don't spend another penny on this purchase till the vendor has resolved it.And don't let the lawyer try to resolve it- that's gonna cost you.

It's disappointing, but sometimes you miss out on a house, but a way down the line, get to see that as a good thing, because you eventually find a better house.

PS.
Garden Law ime is a huge mixture of helpful info and half understood mixed up nonsense.
Don't visit neighbour - you are simply not in a position to ask them to do anything, and if there's a chance of a resolution, it must come from the vendor, and any resulting resentment can stick , hopefully, with them.

I wouldn’t touch this.

Not so much because of the extra foot of land, but because the neighbour is clearly a CF nightmare who is trying to steal from the vendor and will doubtless cause all kinds of other issues.

Even if the vendor resolves this issue I’d be very concerned about future issues.

Do not buy this property unless you are prepared to fully accept the neighbour's extension without question. Boundary issues are never resolved without thousands and thousands of pounds being spent on useless solicitors' letters. It is a minefield. I would seriously suggest you look elsewhere.

Whatever you do, don't get involved. It's not your house and if you buy it, you buy it as is.

We definitely won't be speaking to anyone except our solicitor and would walk away from the sale.

We do feel deflated, took a while to find a house like this and do really like it, but I do now see this is not worth it. We were thinking the issue would have to be resolved before we exchanged etc, but was thinking more of the new neighbours attitude towards us. Don't get me wrong, we're not the sort of people who can be intimidated but at the same time it's our potential forever home and if you can't be happy in your own space then it's not worth it. Reading your comments and those on the garden law forum have made us realise there is potentially more to this than we had ever thought about. We've only ever lived in apartments so boundary issues are not something we've thought much about.

Even if you buy this property now and accept the issues that come with it the same problems will arise if you try and sell the property 10 or 20 years later so unless this is resolved now do not purchase this property. It is not worth the grief that comes with it.

Oh for goodness sake don't buy this house. Disputes with neighbours are a complete nightmare and wreck lives - you are in dispute with them already and you have not even bought it yet!

Run for the hills!

How am I in a dispute already? All that are aware of this issue so far are DH and I, our solicitor and our surveyor. We are waiting for the searches to come back before anything is said. The whole sale is going along perfectly apart from this, which I think is a fair thing to question. Our dilemma is what to do, and the advice here is to walk away.

For all we know if this is put to the vendor/neighbours, they may sheepishly put the fence where it should be and nothing more said but then if someone is CF enough to move their fench a foot in width along the whole length of an 85 foot garden I'm probably right in thinking there could be potential issues. As I've said, we've only lived in apartments so this is all new to us hence asking for advice and opinions.

OP, take it from everyone on this thread - in the nicest possible way you are living in cloud cuckoo land if you think for one single second the neighbours would behave in the way that you would like them to, and "sheepishly put the fence back where it should be". It ain't gonna happen.

And before you mention Land Registry, you should be aware that the LR plans don't go into that much detail - ie a foot or two here or there.

DO NOT BUY THIS HOUSE.

I have had experience of buying a property with several boundary issues. The simple fence in the wrong place the neighbours did just sheepishly put in back in the right place.
The other issue was a nightmare causing months of worry and stress before it was resolved.
From my experience you get your solicitor to tell the vendors solicitor to sort the boundary if they can't you either have to live with it or walk away.

It doesn't matter where the vendor works. He has allowed a neighbour to pinch some of his property. Clearly no-one was advising him. That is a really stupid thing to do because he then would have been advised of the plans. Why would anyone not take an interest in what happens to their, possibly, largest investment? It is pure folly!

Why take on his problems? Walk away. You will never prove where the boundary should be. If it is that easy, let the vendor do it! Oh, they don't seem to have bothered. It is either because this is the corret line of the boundary or it is just too difficult. Either way, I would walk away.

Well, they may sheepishly put it back I suppose, but what's to stop them doing it again? And if they don't, and you decide to buy the place anyway, what will you do when you wake up one morning and they've grabbed another foot or two overnight? These things quickly get horrendous. Barbed wire and threats of prosecution if you dare to touch their property on what they suddenly declare is their land.

Find out what the story is. Do you actually know it was a land grab, or could it have been an arrangement between them?

I completely agree about the vendor, he should have paid attention and sorted it, or may be he knows and doesn't care as selling. Doesn't reflect good on him.

We had a meeting with our solicitor today and we learnt the vendor is the son of the estate agent - which they failed to tell us. Our solicitor just wants to get the deeds and the other info they've requested in relation to the boundary to confirm it fully.

DH and I will walk away. So hard as it's a beautiful house. Truly didn't realise the issues this can cause and what other people have been through. I've appreciated all the responses, thank you.