Neighbor trying it on :(

AstraTurbo

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Fire_Fox

Ignore him then you don't have a neighbour dispute to report! Check with your solicitor but I don't think the fence position has any bearing on what the purchaser takes ownership of, that is dictated by the deeds. Perhaps you could promise that you will let your neighbour know when any survey takes place so he can speak to the surveyor and show him the deeds?

AstraTurbo

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Old_Wrinkly

AstraTurbo,
you are looking at your title deeds (and presumably a plan) for your house and are seeing things one way. Isn't it possible that your neighbour is just doing the same thing? i.e. looking at his deeds and getting a different viewpoint. Perhaps the plans attached to each don't match up. Why not invite him round to your place for a drink when you can compare your plans to try to clarify matters?
By the way, I thought only elephants (and walruses?) could grow ivory ...

david29dpo

Simply refuse and let him prove the fence is in the wrong place (this is difficult and could be costly) Do your deeds tell you whos fence it is? If it yours no one can touch it but you.

TOBRUK

It does seem a bit strange that he hasn't noticed or mentioned this in the 9 years you've been living there and now the for sale sign has gone up he suddenly notices and requests the fence is moved. I don't think this is coincidence!

He probably fancies a little more garden and now that you're planning to sell and move thinks by threatening legal action you will just move the fence for him to avoid any hassle and that the buyers won't notice or just won't bother making a fuss about it.

I'm not sure what I would do but certainly look closely at the deeds and all the details about the property from when you bought it. I wouldn't give in to him but I would advise your solicitor and see what he/she advises.

Sammy85_2

I would get it sorted before you start viewings, either that or escort your viewers from the car to the door and back again, incase your neighbour tries to approach them.

We viewed a house a few years back and on our way back out of the property the neighbour came to tell us that the boundary wall was in dispute as the owner had just built it and the neighbour believed he had nicked some of his land. It put us off and we didnt bother with a 2nd viewing. Firstly because we didnt want to be involved in a dispute and secondly because we didnt want to live next to a neighbour who may cause trouble for us at a later date.

dunclane

Ignore him, if the fence has been there 7 years without a dispute then Land Registry will side with you. This has just happened to my MD at work.

Jonbvn

OP,

I would suggest you have a look at the following websites specifically set up to address issues such as this.

http://www.gardenlaw.co.uk/boundaries.html
http://www.boundary-problems.co.uk/

poppysarah

Invite him round for a beer and have a chat about it ... show him your deeds if he'll show you his etc.
Maybe he doesn't want you to go...

Batchy

At the end of the day, if your fence... if it is your fence is in the wrong place you have three choices

1 - move it - costly, but maybe only just LABOUR, as you could use the same materials

2 - claim a 7 year stance and the fact its reasonable, and he is being silly. Leave it where it is

3 - Move it anyway, to keep the peace, its not a deal breaker to sell the house at the end of the day. what difference does it make if you lose a foot or two at the bottom of the garden (how big is it in relation to the garden as a whole... minor or major?)

resulting it:-

1 will mean hassle free selling of house, and no stress other than a hard days work in the garden

2 could mean you lose a sale of the house, when he gives you trouble, you could be in for a fight, a battle or a nuisance neighbour (do not invite him into your house, discuss professionally in writing)

3 move it, it just saves hassle... as long as you sell the house are you really bothered???

first no cost option, write to suggest, you believe it to be in the correct place, if he wants to pay for a professional to prove otherwise you have no problem with this, if he is right, you will pay professional fee's (and move it), if he is wrong, he will pay (and shut it)

Simples