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Boundary Dispute and encroachment.

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Comments

  • silvercar
    silvercar Posts: 49,413 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Sounds like the next door neighbour has had a gripe about the shed and is using the fact the property is for sale to get the shed moved. Probably it hasn't been an issue before now so the vendor wouldn't have a claim from their purchasing solicitor.

    The vendor's shed, the vendor's boundary= the vendor's problem. They will have to deal with it as the dispute will now have to be declared. Tell them to sort it out.

    If the vendor came on here asking for advice, I would want to know when the shed was built and if moving the shed would satisfy the neighbour.
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  • mysty60
    mysty60 Posts: 23 Forumite
    The neighbours doesnt just want the shed removed, he wants all the fences moved to the so called "original" boundaries...
  • benood
    benood Posts: 1,398 Forumite
    How far is the fence being moved? Sounds like it's just a couple of feet! Dig in - I'm sure the vendor doesn't want to keep treking across the atlantic to sell the house so she's probably calling your bluff - call hers!
  • mysty60
    mysty60 Posts: 23 Forumite
    its being moved by about 1foot, but its all the way from the front of the house to the end of the house, so it a long fence... :-)
  • Al_Mac wrote: »
    Saying she can put back on the market or rent it, is all bluff, now the neighbour has started, they aren't going to stop.

    To be honest if your next post isn't saying you've told them to sort it, you are beyond help.

    Absolutely right.The neighbour will still be there complaining whoever she sells the house to.Dig your heels in about this please.Its the vendors responsibility plain and simple.I know that buying a home is a stressfull enough job without this but don,t give in.It could well taint your enjoyment of the home if you give in now and wish you hadn,t done later.
    Is the neighbour being fairly pleasant about this problem or argumentative?
    Do you want to be next door to them for the forseable future?
    If they are complaining now before you even own the place how likely are they to continue complaining after you move in?
    "Reaching out to touch the stars dont forget the flowers at your feet".
  • mysty60
    mysty60 Posts: 23 Forumite
    He seems rather pleasant and said he didnt want to hodl up the sale and we could resolve this properly between ourselves. No need to get lawyers involved, but who knows what he is thinking deep down...
  • mystic_trev
    mystic_trev Posts: 5,434 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The Vendor now has a 'dispute' with the neighbour and has to disclose this fact to any potential purchaser. They are being bloody minded in refusing to contribute. I have to say if I was in your shoes and your near exchange, string 'em along to the last moment then tell themyour withdrawing due to the dispute, I bet they'll quickly change their minds about contributing!
  • mchu6am4
    mchu6am4 Posts: 445 Forumite
    mysty60 wrote: »
    I put in an offer for a house and everything was going fine, till the next door neighbour claimed that the lean to shed on my property was encroaching on his garden. It seems that there was encroachment but no way to really prove by how much the encroachment was as the land registry plans cannot be used to determine boundaries. In any case, it was decided that the distance between the two semi detached house would be taken and divided equally and the boundaries moved to the centre of the two properties. This would mean that I would have to move in my boundary from the back, including the new fences and the neighbour who is encroaching slightly at the front will have to move this also. We got a quote for all this work and it came to over £2600. The vendors refuse to contribute to the cost (even though I am getting less land now and also losing out on my shed, which gave me more “kitchen” space), as they say they were not aware of this encroachment when they bought the house 3 years ago. As the neighbour profits mainly from this we thought the cost should then be equally divided. He obviously doesn’t seem to be too keen on sharing the cost although in the lease it says that the repairing and maintaining of the fence is the responsibility of both parties, who have to share the cost. This has taken up a lot of time and it seems that we may have to just come to a gentleman’s agreement with moving the boundaries and hope he will pay half of the cost. We can’t sign any legal contracts as we are not the legal owners yet. What do you guys make of all of this? Any suggestions? Has anyone encountered anything similar and have any advice for me, I would really appreciate that. Many thanks in advance.

    Have you ever heard of paragraphs? :p :rolleyes:
  • olly300
    olly300 Posts: 14,738 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    The OP heart is ruling their head.
    I'm not cynical I'm realistic :p

    (If a link I give opens pop ups I won't know I don't use windows)
  • Geoffo_M
    Geoffo_M Posts: 1,161 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    mchu6am4 wrote: »
    Have you ever heard of paragraphs? :p :rolleyes:

    Have you ever heard of manners
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