Real-life MMD: Should we pay to shrink our garden?

wondermouse

1. Become a lawyer.
2. If you have children, ensure that they become lawyers too.

That way, whatever the problem, you always win financially in the end!

That's my theory, which is mine. :beer::beer:

ScoobieGirl

danthemoneysavingman wrote: »

I wonder why they didn't resolve this with the previous owner? You've gotta wonder too, haven't you??

Yes I agree. I was in the opposite position, the boundary of my property had been moved, only by about 18", but it stopped access down the side of the garage, and they had piled soil up several bricks high so it was very damp down one side. It didn't seem worth upsetting them about, but as soon as they put the for sale sign up I asked them to move it back. That way the new owner would never miss it. It seems very odd that your neighbour didn't do the same. Or maybe they did and there was a good reason it wasn't moved.

You don't explicitly mention if the fence is her responsibility. If it isn't, her offering to pay half may be good will, depending on what else she knows!

TBagpuss

ochitsmee wrote: »

Total sympathy with situation and angry too. DEFINITELY it is solicitor's responsibility so you should go back to them, at NO EXTRA COST because they have NOT completed their obligation and didn't complete their search of what was being sold. Boundaries are a big deal and are usually self-evident on the documentation. Perhaps new neighbour has been trying for years to get this dealt with and the vendors thought that the problem would go away when they did! At least new neighbour was pleasant when asking. Not a good start to neighbour relations though!

Er - no. As other posters have said, unless the paperwork showed that there was a dispute over the boundary then this is NOT the solicitor's responsibility or fault. The solicitor can't magically know where the fences on a property they have never visited are. You buy what is shown on the land registry documents.

If you used a real solicitor (as opposed to a call-centre style conveyancing factory) then it may be worth giving your solicitor a quick call, explaining the situation and asking them if they can offer any advice, but don't go in accusing them of wrongdoing, as you'll just make a fool of yourself.

Going back to the original question, no, you are not obliged to contribute to the fence.

Whether you chose to do so depends on a lot of issues. How much do you care whet kind of fence it is? Is it worth it, to you, to contribute, in order to have a say in the style/height/type etc?
How important is it to you to get off on the right foot with the neighbour?

In your place, I think I would be asking the neighbour when she found put, and whether she raised it with your sellers at all. If she did, then they had an obligation to declare it, and if there are financial implications (i.e. if the piece of land in question is large enough to alter the value of your property) then it may be worth speaking to your solicitor about whether you can reclaim those expenses from the seller.

As you seem to acept that the land is rightfully part of the neighbour's garden I would be saying to her that I accept that, and that I would not raise any onjections if she wishes to move/erect her fence so thqt it is correctly on the border. However, I wouldn't be contributing to the cost (unless I had already decided that I wanted a new fence on that side of the garden myself)

oldnewhand

Lots of good advice so far. A measured approach is needed.
1. Question your solicitor about the issue and suggest the complete the work the searches they should have done for you before completion, but don't pay them for the work as they should have included it. If there was an issue the vendors were bound to disclose it.
2. Find out from the plans whose fence it is. I believe a rule of thumb is that it's determined by which side of the fence the post is. Ownership is certainly marked on the plans of our property.
3. Once you've established the legalities it is time to talk with your neighbours and hopefully reach an amicable agreement, becuse moving house is an expensive upheaval you don't want to repeat because you can't stand the neighbours!
Hopefully all will end well and this could be the base for a long and happy relationship with your neighbours based on give and take.
Maybe I'm an optimist but our row of 8 houses rarely change hands, we look out for each other without being in each other's pockets. We had a collective hangi for the houses' centenary and that's worth more than a fence and a bit of land.

keithgissing

How come this has only just come to light? Have you asked the previous owners as they might have valuable information in case this has been raised previously.

I cannot see how this was not obvious, unless the boundary is uneven in other properties, as it should be clear where the divide should be. Hope this helps.

happyinflorida

Unless legal matters have changed - I last moved house 10 years ago, the person who you've brought your house off, should have filled in a form through your solicitors and one of the questions is about boundaries and if any of the fences have been moved - what's been put on your form?

Who is responsible for the fence? That's on your title deeds.

I would think that the person gaining from the fence being moved is the one who should pay - so not you but this needs very careful handling so as not to offend your new neighbours and in order to avoid any possible disagreements - good luck!

Talent

Get the solicitor to sort it and stop messing about!

Mrs_Mangles

I would check this out with a solicitor before doing anything. I seem to remember somewhere in the back of my mind , amongst all the cobwebs, that if the fence has been there for a long time (and i think it may be 7 years) then the land is now yours. Cant be 100% sure but worth checking.

venderqueen

I have always been led to believe that if you or the previous owners have had this land for 20 years then it is rightfully yours, and as many of the other comments say check with your solicitor as this may be the case but you will not have to pay a penny in fact you may get compensation for miss selling? let us know how you get on please and goos luck.

marialex

definitely go back to the solicitor who handled the sale, this should have been picked up on the search. Then look at the deeds and see who`s fence this is. If it is theirs then any new fence,and making good to your property,would be theirs also. I would question the fact that they have only just noticed the discrepancy after such a long time. Think long and don`t just accept their say so !