Neighbours and building over our boundary

ohmochraich

I have just seen the boundary map for the house Im buying - and it looks like the neighbours have built part of their new house over our side of the boundary. They took the fence down "to enable easier access" when the current owner had left and was renting (they DEFINITELY didnt get permission and the current owner has demanded that they reinstate the fence prior to sale.
Would we have any comeback if they have built on our land without permission?
We are In Scotland (so under Scottish law).
Also a friend mentioned that by law their property has to be a certain distance from our boundary (think they said seven foot - but i could be wrong) - is this correct - and what could be done if they arent the required distance?
Thanks for any help and advice.
We dont want to start off getting straight into a neighbour dispute - but we arent giving away land we are paying for either!

poppysarah

Buy another house.

MX5huggy

Look for another house. On the other hand if you are happy with where the fence and the other property is buy it as it is but give the neighbour the land they are using get it all done properly so that the fence and deeds match. Don't even consider sorting this after you have bourght it.

Catblue

I don't know of any law that states that their property has to be a certain distance from your boundary. A lot of people build right up to the boundary these days.

These neighbours waited until the vendor went away and then built part of their new house on his property without permission?

Sounds like they took the fence down so that they have free access to their back garden from the vendor's land.

There's no way I'd want to live next door to people like that. God knows what they'd be trying next "to enable easier access" for them.

ohmochraich

Many thanks for your replies!

Im actually in the middle of buying just now. Love the house - its perfect and is a forever house - will never find a house that fits EVERY requirement AND is such a good price - so wouldn't consider pulling out of the sale.

I was just wondering how things would stand LEGALLY if my boundary is clearly shown on the title deeds and my neighbour has built on or over it without permission.

Surely the neighbour cant just "TAKE" any land they please!

I would be happy to sell the land to the neighbour for a reasonable amount - but not to just give it away!
My question is - what happens legally if my neighbour has stolen land and built on it - and wont agree to pay for it?

Can they be legally made to take down what they have built?
They have only finished building in the last 6 months.
And what happens if they put the fence back in the wrong place and take more of my land?
surely if your land is shown clearly on the title deeds they cant just take it!
I am aware that it could end up in a messy legal situation - but if Im paying for land with my property - can the seller legally sell if they know the neighbour has stolen part of the land they are selling?

thanks for your replies!

TonyMMM

This is not your problem - You need to insist that the seller sorts it out before you can complete the purchase - and your solicitor should be telling you the same thing (if they aren't - find a new solicitor).

hethmar

As Tony says, its up to you to question the vendor about this. You can actually build right up to a boundary now as long as the footings dont enter the next land next door.

If you say they moved the fence when the neighbours were away, then I take it you have already made some enquiries. Im afraid you basically have a boundary dispute situation here and personally Id run a mile.

silvercar

Are you talking about 6 inches or 6 feet?

SplanK

personaly - i would pull out - as it seems as though this could get messy.... however your solicitor should be able to sort all this out or be able to advise you better having found out all the information....

how much land are we talking here... cm's, meters....???

poppysarah

ohmochraich wrote: »

Im actually in the middle of buying just now. Love the house - its perfect and is a forever house - will never find a house that fits EVERY requirement AND is such a good price - so wouldn't consider pulling out of the sale.
!

It's not perfect. It's not the only forever house. You're thinking with emotion rather than brain cells.

Be sensible.


If it's on your land NOW then without a HUGE and EXPENSIVE legal fight, it'll stay there.

bristol_pilot

Do you want to spend more on solicitiors fees over the next few years than the house cost? If not - walk away and find another house.