Boundary Dispute and encroachment.

mysty60

shelovestobuystuff wrote: »

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.

The price was agreed before the boundary issues....and I did say that to the estate agent, but she wasnt really having any of it. She was annyoed that the neighbour didnt raise the issue when she was buying the house 3years ago, and the shd and encroachment was there then also.....

Since I cant contact her directly I couldnt asked much.....In theory she shud have absorbed the costs and she didnt.....not alot I can do now...since she said she will take off £500, and I said okay..better than nothing, as in the first instance...she refused point blank

shelovestobuystuff

Well now that you have agreed verbally to accept another £500 reduction in the selling price because of the boundary issue I think thats as far as her responsibility goes on this with you.
Others please correct me if I am wrong!!!:rolleyes:
So now you can get on with buying the house and if the neighbour isn,t in too much of a hurry to get the fence done(he,s lived with it for 3 years so I don't expect he will try to rush things now)you have time to sit down with your new neighbour and decide between you what sort of fence you both want and get some more quotes.
Very few house sales go perfectly smoothly and this was a small problem as houses go.
:beer: Congratulations on owning your first home.:beer:
Enjoy it.

shelovestobuystuff

I have to say I am glad you seem to have reached a conclusion on this ,I was starting to get a big stressed.Reminded me of when I was buying the house I am in now:eek:

benood

To be honest what surprises me about this thread is the fact that the boundary seems to have been agreed up until recently, what exactly is the evidence that the fence isn't in the right place? If it's a case of 1ft then surely the burden of proof is on the neighbour? I wouldn't want to concede an inch let alone a foot without my solicitor telling me I had to. Possession is 9/10ths of the law and all that!

mysty60

shelovestobuystuff wrote: »

I have to say I am glad you seem to have reached a conclusion on this ,I was starting to get a big stressed.Reminded me of when I was buying the house I am in now:eek:

Thanks for that...its been hard and very stressful....I never thought it would take this or long or this kind of thing is this complicated...its reassuring to know that others have gone through the same problems ...:rotfl:

mysty60

benood wrote: »

To be honest what surprises me about this thread is the fact that the boundary seems to have been agreed up until recently, what exactly is the evidence that the fence isn't in the right place? If it's a case of 1ft then surely the burden of proof is on the neighbour? I wouldn't want to concede an inch let alone a foot without my solicitor telling me I had to. Possession is 9/10ths of the law and all that!

True, but the two previous owners of the two houses signed a statutaory declaration, saying one was slightly encroaching on the others land, and both neighbours didnt mind that. But the letter didnt say by how much the encroachment was. There is no real way of saying where the dimensions are except estimating from the land registry file plans. Which are not accurate or reliable enough to be used in a law suit. My solicitor said she wudnt recommend me going that route, as its messy and costly..I guess this was the best way forward....I dont like losing that much land...but there doesnt seem to be much I can do. If i buy the house and get the neighbour to prove it, that means more headache in teh long run....didnt want to look forward to that....lifes a B**** i guess...

shelovestobuystuff

Just when I thought I could stop worrying about you!!!:D Looks like you are still not sure whether you are happy to go ahead with this.It is not too late to cut your loses and run.
Do you love the house?
If it is just a case of getting a foot on the ladder I am sure there are easier first time buys.
But if you love the house then concede if it makes you happy.

shelovestobuystuff

Let me tell you a little story about my dream house.Beautiful old victorian sandstone house.Walls that were not sandstone were painted white,woodwork all black,beautiful.Needed some work inside but I loved it,still do and it still does(need work that is).:rotfl:
The owners at the time said they were going to get all the outside paintwork freshened up before they moved out,great we thought ,that saves us a job.:beer: We got the survey report back and it said the brickwork needed repointed as a matter of urgency.We phoned them and told them not to do the repainting.Too late,its done already.Oh well.:rolleyes:
Anyway the day came when we got the keys a couple of months later and I was gutted as we pulled into the street to be faced with this big yellow and orange monstrosity with burgundy gloss paintwork.:eek: Yeuckkk!!!They had even painted the lovely sandstone coping stones in this fake orange sandstone paint.I could have cried.
Phoned the lawyer straight away who said that as a colour was not specified when we agreed to them touching up the paintwork there was nothing we could do.
I got the white paint out that first weekend but the sandstone detailing is still orange.Sandblasting is expensive.
Oh and apparantly unless you specifically ask about any insect or rodent infestation they don,t have to disclose it.:eek:
A tip.Those humane traps don,t work at all,you have to get the nasty old wire traps to get rid of the cute little blighters.:rotfl: :rotfl: :rotfl:

shelovestobuystuff

Sorry that was a bit long winded.Just to emphasise a point that most house sales have some problems either before during or after the completion.If you can cope with it and LOVE the house NO MATTER WHAT then go for it.

regularsaver1

Our vendors did not let us know about a flooding toilet - that had a nappy stuck down it, and was not plumbed right - we found out after we had to get a drain specialist out

the solicitors did say that this should have been declared by the vendors, but nothing happened over it