Advice please! Exchanged contracts, now neighbour started building over boundary!

BlondeHeadOn

I exchanged contracts last week on my late father's house, completion is at end of April.

I've just had a phone call to say that the next door neighbour has taken down his fence and started building a wall at the side of the private driveway to my dad's house. This driveway belongs to the house, and is already very tight and narrow, and difficult to get vehicles up - but was just about wide enough.

The original boundary was a wooden fence, but the new wall is made of 4" blocks and takes up more of the driveway so making it much less usable. This neighbour has obviously been waiting until we exchanged contracts to do this, so that it's a grey area as to who the house belongs to. He is helping himself to some of the land belonging to the house I have just sold, and making the drive very difficult to use in the meantime.

The house is 250 miles away, so I can't just go and sort it out myself. Although I am not sure what I can do anyway.

What should I do?? Should I discuss this with my solicitor or what? I am worried, and don't know what to do next.

HELP!!!

bryanb

Solicitor- quick

olias

fence posts are 4" so not sure what makes you think a 4" block wall will take up any more space. If it appears he is building over the boundry, was the boundry line of the fence accurate in the first place?

You need to check the exact placing of the boundry and whether the new wall is in fact encroaching onto your land. It may not be. Unfortunately, that means viewing the deeds and paying a site visit.

I don't believe you can do anything to stop him at this stage as you only appear to have a suspicion that he is encroaching over the boundry.

As stated, contact your solicitor for advice, but if contracts have already exchanged then I don't think it is your responsibility and will probably be up to the new owners to take up if they believe the boundry wall when built is incorrectly sited.

Olias

BlondeHeadOn

olias wrote: »

fence posts are 4" so not sure what makes you think a 4" block wall will take up any more space. If it appears he is building over the boundry, was the boundry line of the fence accurate in the first place?

You need to check the exact placing of the boundry and whether the new wall is in fact encroaching onto your land. It may not be. Unfortunately, that means viewing the deeds and paying a site visit.

I don't believe you can do anything to stop him at this stage as you only appear to have a suspicion that he is encroaching over the boundry.

As stated, contact your solicitor for advice, but if contracts have already exchanged then I don't think it is your responsibility and will probably be up to the new owners to take up if they believe the boundry wall when built is incorrectly sited.

Olias

Thanks for this, the friend who informed me said that the wall is placed further over than the original fence was, and this makes it more difficult to get vehicles into the drive.

I have reported it to my solicitor (just that the fence has been replaced by a wall, not my suspicians about the boundary line being breached as I can't check that out anyway), and he has reported it to the buyers solicitor.

Do I need to do anything else, or is it now up to them to check it out? I would be happy if it is indeed now our buyers responsibility, but don't want to assume that is the case prematurely...

bryanb

You are contracted to hand over the property as at time of exchange, and as detailed on the land registry.

Fire_Fox

AFAIK it is not a grey area, you presently own the house but your buyers are contracted to take it off your hands. In theory they could still back out, but that would put them in breach of contract and could cost them thousands. You have done the right thing by reporting this to your solicitor IMO, then there should not be any come back.

not_loaded

My conveyancing paperwork clearly states:
The seller remains liable for the property until completion. At completion the seller must transfer the property in the same physical state as it was at the date of the Exchange of Contracts (except for wear and tear).
A buyer can withdraw if, at any time before completion, the property is no longer usable in the same way that it was at the time the contract was made.

Unfortunately for you, having exchanged, the buyer could then claim against you for their losses due to the failure to complete.

not_loaded

Fire_Fox wrote: »

AFAIK it is not a grey area, you presently own the house but your buyers are contracted to take it off your hands. In theory they could still back out, but that would put them in breach of contract and could cost them thousands. You have done the right thing by reporting this to your solicitor IMO, then there should not be any come back.

I have the greatest respect for your posts Fire Fox, but, if there’s been a significant material change since exchange of contracts, then it’s the seller’s liability.

I suppose it all now hinges on the word ‘significant’…

The buyers are not ‘contracted to take it off your hands’ in all circumstances, the property must not change from its viewed/surveyed state.

Fire_Fox

not_loaded wrote: »

I have the greatest respect for your posts Fire Fox, but, if there’s been a significant material change since exchange of contracts, then it’s the seller’s liability.

I suppose it all now hinges on the word ‘significant’…

The buyers are not ‘contracted to take it off your hands’ in all circumstances, the property must not change from its viewed/surveyed state.

:rotfl: You don't have to be so polite, I have no objection to being challenged by someone with knowledge. How else do we learn?

I had understood that the reason the buyer is often advised to take out buildings insurance after exchange is in case the property burnt to the ground as they would still be obliged to compete ... I see this may not be the case at all. :huh: Could they really be allowed to get out of the contract because there is an extra wall on the property? The square footage hasn't changed.

terryw

BlondeHeadOn wrote: »

.

The house is 250 miles away, so I can't just go and sort it out myself. Although I am not sure what I can do anyway.

What should I do?? Should I discuss this with my solicitor or what? I am worried, and don't know what to do next.

HELP!!!

What you must do is go there immediately to find out exactly what is happening and not rely on someone else informing you. Take a camera and a witness of integrity.
This whole thing could escalate but it might just be a storm in a teacup or even a sensible discussion with next door might resolve it.

not_loaded

Yup. I’d take a tape measure too.

Fire Fox, I like to be polite.

Well, for the OP it all must hinge on how ‘significant’ the change is. I wouldn’t be at all happy if I couldn’t get my car up the driveway.