Boundary Dispute and encroachment.

mysty60

mystic_trev wrote: »

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!

The latest is that the neighbour will pay for half the cost of the fencing, vendor will reduce the accepted offer by £500 (and she did accept a lower offer than the actual sale price). It wont have to be declared as a dispute as its not really a dispute in the legal sence my solicitor says...as you are moving the boundarys to the original place and dont even have to register with land registry. Its all a case of geting in writing, so to me it seems like its resolved, as both will sign something.

So do you guys still think I should walk away. I know earlier on I should have, and it was the vendors and I naively made it my own, but now that we are at this stage, should I still walk away...

What do you guys suggest...??

Thanks soo much....I appreciate the advice I have been getting, even when it was harsh :-)

[Deleted User]

I too would have asked the Vendor to sort it our with his neighbour before proceeding with the sale, it is their problem, not yours. However, it seems that you really like this house and if spending another £1000 or so means that you can proceed quickly and get the house of your dreams, then by all means go ahead and don't look back.
I just hope that the neighbour does not turn out to be a pain in the backside. Good luck! :beer:

mysty60

Van1971 wrote: »

I too would have asked the Vendor to sort it our with his neighbour before proceeding with the sale, it is their problem, not yours. However, it seems that you really like this house and if spending another £1000 or so means that you can proceed quickly and get the house of your dreams, then by all means go ahead and don't look back.
I just hope that the neighbour does not turn out to be a pain in the backside. Good luck! :beer:

Thanks for that...its not really about it being the dream house...its my first house, and being a first time buyer, u lack the money and the experience, which is why I probably didnt walk away. I assume if i walked away now...and looked for another house, am sure the legal and search cost would exceed the extra cost of the fence that I have to pay now. I would also be forking out money on reent till I found the new property......

nobblyned

mysty60 wrote: »

The latest is that the neighbour will pay for half the cost of the fencing, vendor will reduce the accepted offer by £500 (and she did accept a lower offer than the actual sale price). It wont have to be declared as a dispute as its not really a dispute in the legal sence my solicitor says...as you are moving the boundarys to the original place and dont even have to register with land registry. Its all a case of geting in writing, so to me it seems like its resolved, as both will sign something.

So do you guys still think I should walk away. I know earlier on I should have, and it was the vendors and I naively made it my own, but now that we are at this stage, should I still walk away...

What do you guys suggest...??

Thanks soo much....I appreciate the advice I have been getting, even when it was harsh :-)

If the neighbour is paying half, and the vendor £500 that leaves you down about £800. Up to you really. Probably not enough to get worked up about if you've already spent £1k plus on surveys/legals and would need to again if you pulled out. Annoying on the principle of the thing though!

mysty60

nobblyned wrote: »

If the neighbour is paying half, and the vendor £500 that leaves you down about £800. Up to you really. Probably not enough to get worked up about if you've already spent £1k plus on surveys/legals and would need to again if you pulled out. Annoying on the principle of the thing though!

I assume that the solicitor wouldnt be charging me extra for this, as when I asked her for how long the whole procedure of buying teh house would take, she said it depends if its straightforward or there are complications. I gather that this fence situation can be classed as a complication??

olly300

mysty60 wrote: »

I assume that the solicitor wouldnt be charging me extra for this, as when I asked her for how long the whole procedure of buying teh house would take, she said it depends if its straightforward or there are complications. I gather that this fence situation can be classed as a complication??

Yep.

If the solicitor does their job properly they will try and ensure they get the funds from the other parties concerned before the sale completes.

mysty60

Al_Mac wrote: »

Of course you'll be charged, it is extra work. Do you not have a more experienced friend to explain these things to you?

If she is charging me, shouldnt she had actually told me about that and said how much extra she would charge in addition to the quote she gave me..??

shelovestobuystuff

mysty60 wrote: »

If she is charging me, shouldnt she had actually told me about that and said how much extra she would charge in addition to the quote she gave me..??

Sorry,it doesn,t work like that.The quote was for a simple uncomplicated transaction.She could charge extra but she may not.My last house sale/purchase had some extra letters and sorting out needed for little bits and pieces but I still got a bill for just the basic fees quoted.Why don,t you phone your solicitor or lawyer and ask?

shelovestobuystuff

Wondered also if the lower offer she accepted on the original sale price was before or after you knew about the boundary issue?
If you didnt know about it at that stage then you should expect the vendor to still absorb all the costs(or half with the neighbour).
If the price was agreed after you knew of the boundary issue that may put a totally different slant on things.

mysty60

shelovestobuystuff wrote: »

Sorry,it doesn,t work like that.The quote was for a simple uncomplicated transaction.She could charge extra but she may not.My last house sale/purchase had some extra letters and sorting out needed for little bits and pieces but I still got a bill for just the basic fees quoted.Why don,t you phone your solicitor or lawyer and ask?

Thanks :-).. will ask...but in the meantime pray that she is not charging me!