Boundary dispute on new property

chris.lewis

Hi,

I wonder if anyone can help me, I'm in the process of buying a property and the surveyors report highlighted that the neighbour had built a wall on our property in line with the gable wall of the house.

Through our solicitors we found out that the current vendors had given verbal permission for the wall to be built and that the neighbour was responsible for all maintenance etc.

However we want to be sure that we are covered from a legal perspective if we came to sell at a later date, as I know that if the wall has been their for 10 years the neighbour can stake a claim.

Our solicitors has given us the following options but has told us they are not an expert in boundary issues:

Either the current vendors or I (once I move in) can object to the wall being on the property so if the neighbour did stake a claim this we be lodged in our favor but there is no guarantees it we would win the claim.

The second options is we can have the wall knocked down before we move in. I should note that we don't mind the wall being there as long as we have no responsibility for it but still own the land.

Sorry for the long post but can anyone help or give me any suggestions as to what to do?

Chris

vax2002

I would suggest a nominal rent of 1p per year for the land occupied by the wall.

chris.lewis

Hi,

Thanks for the quick reply, would that cover us from a legal point of view if we wanted to sell the property or remove the wall? Also what would happen if the wall were to fall down would we need to insure against that as we own the land?

Chris

kmmr

I am not sure the right approach, but I would suggest you resolve this before you buy. These things can go on for years and get very messy.

At the moment you have a vendor who is keen to sell, so they will do all the legwork to get things resolved from a legal point of view, but once you takeover you have to do it. Plus I would think that you would have to declare a neighbour dispute when you sell, whereas if it's done by the current vendor you won't. Don't underestimate the time and cost resolving even seemingly innocuous disputes can be.

The gardenlaw website (google it) has a lot of information on this, although it is a slower moving forum than MSE so you need to be a little patient.

Edit: I would take on houses with structural problems, subsidence, dubious planning and developments - but I won't take on a property with a boundary dispute (or a dodgy freeholder). They scare me too much, as it is so out of your control, and can go on forever.

tyllwyd

I think you need to have a think about what the real problem is with having the wall. It's only a few inches of land, and it doesn't sound as if space is the issue. My first thought was why not give the land to the neighbour, then the wall isn't on your land. But that might look a bit odd, so then I thought why not offer to buy the wall from the neighbour? It's already built, so as long as it is properly built the cost of maintenance shouldn't be a huge issue, but it resolves the question in your mind of someone else's property on your land.

chris.lewis

Hi

If the wall wasnt attached to the gable wall of the house then we wouldn't mind giving the strip of land to the neighbour. Also the wall is also built partly on their land as it is an L shape so we wouldn't be able to buy the whole wall.

Chris

clutton_2

just buy the bit on your land then