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survey problems re neighbours garage etc.

our survey came back saying that the neighbour on the right hand side has encrouched(sp?) on our garden.

he has built a double garage and the wall is on our land and the fence has been put on our garden.



what do we do now? can we ask them to re-position the fence? and what about the garage/


it is only about 6-8 inches.



from lisa

Comments

  • Leighthal
    Leighthal Posts: 326 Forumite
    I would charge them rent!
    In an Acapulco hotel:
    The manager has personally passed all the water served here.:rotfl:
  • fivepound
    fivepound Posts: 80 Forumite
    Did the current owner give them permission i.e accept some money etc?
  • markusadam
    markusadam Posts: 19 Forumite
    this is what the solicitors need to find out.
  • Assuming you have had a survey done on the house you want to buy - this matter is then for the vendor to sort out. They must not mis-represent what they are selling to you. If there is about to be a legal 'ding dong' over the neighbours garage and fence line - let them sort it out.

    If you really, really want the house, you still have to get the vendor to sort his title out before he can sell it to you - let him pay the legals for this, not you. Be prepared for a prolonged wait....
  • marybishop
    marybishop Posts: 761 Forumite
    Bionic Banjo is right - this is a potential boundary dispute which definitely needs sorting by current owners before they sell. Make sure it's all sorted before you buy or it could cost you big time.
  • silvercar
    silvercar Posts: 50,798 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    old neighbour had put a flue over the boundary line. the lady whose land had been encroached gave verbal permission. On sale the new owner didn't mention anything until he had been in the property for a few months, then told neighbour to remove it by the weekend or "he would remove it for him".

    Legal advice was that it would have to go. very costly as the boiler had to move to allow the flue to be safely positioned away from the boundary.

    In your case, it would be your ground that has been occupied so the costs could have to be born by the neighbour. a lot of hassle though.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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