Possible Boundary Dispute

Beancounter

I am selling my late father's flat. The guy who owns the flat upstairs has been asking me the price I am going to sell for etc for the past few weeks, he has fancied his chances of getting it cheap I think. I received the valuation today and it was around 5K higher than he was willing to pay.

After I told him this I received an email saying
"I will need you to remove the green house from my land as it is in part of our garden."

I have ignored this. Speaking to another neighbour today It seems there was an issue about this back when the greenhouse was erected but as it was only a few inches over their boundary it was agreed to leave it. Obviously as my father has passed away I cannot verify this.

There was a fence across the upstairs neighbours boundary and my dad may have assumed this was correct at the time.

On coming home I have dug out the old paperwork my parents received when they bought the flat, in the feu disposition from the local authority it has exact measurements of the plots and boundaries so I will see how they compare to the placing of the greenhouse tonight.

However, the paperwork I have found has uncovered a couple of anomolies. Firstly, a 9 squre metre area of the drying green (shared between the 4 flats in the block) is marked as being mutual to my property and the 1 upstairs. They have also a gate and fence over a path to the bottom of the drying green so I could reasonably argue they have stopped my parents using a path they could have legally used and they have been using a part of land that they weren't entitled to.

I am annoyed as it seems that this guy is just chucking his toys out of the pram because he is not getting his way. The garden he claims our greenhouse is partly placed on is frankly a mess and has been untended for years.

I am quite happy to leave things as they are and not cause a fuss but this guy is a bit argumentative and will possibly not let it lie.

Any suggestions as to my best course of action?

Ms_Chocaholic

If it were me I'd sell the flat to the neighbour. Although your valuation is £5k higher, what are the chances of achieving the full asking price. You will also save on estate agents fees.

Beancounter

Ms_Chocaholic wrote: »

If it were me I'd sell the flat to the neighbour. Although your valuation is £5k higher, what are the chances of achieving the full asking price. You will also save on estate agents fees.

The property is in Scotland so will sell for more than he was willing to offer anyway. Most of these similar properties in the area are going between 130-140K and I am asking for offers over 128K

But his childish change in attitude as soon as I said I was going to ask for nearer the valuation has ensured I will not sell it to him!

I should have added, this guys flat was sold to him by his parents last year, surely any disputes they had over boundries should have been rasied at the conveyencing stage?

Beancounter

Update: Just come back from the flat, it appears the greenhouse is positioned ok and infact their boundary fence is actually 300mm too far up.

I fear he will not take this lying down!

chris_m

Beancounter wrote: »

Update: Just come back from the flat, it appears the greenhouse is positioned ok and infact their boundary fence is actually 300mm too far up.

I fear he will not take this lying down!

If the greenhouse is definitely within the correct boundary he hasn't got a lot of choice - if he really wants to argue the t*** you can always demand that he moves his fence back to the boundary, that might shut him up.

Beancounter

chris_m wrote: »

If the greenhouse is definitely within the correct boundary he hasn't got a lot of choice - if he really wants to argue the t*** you can always demand that he moves his fence back to the boundary, that might shut him up.

I have taken the measurments from the legal documents so they are correct. He is claiming the greenhouse is 8 feet in length in his space, difficult as it is only 6 feet long!

He is saying his surveyor spottted it when his property was surveyed and he will block my sale until this is rectified.

Needless to say I will not be incurring any extra costs to prove I am right, he will have to prove I am wrong.

mart6

When you sell you are required to tell the buyer of any boundary issues not sure if its different in Scotland.
Sounds a total wally odds on its all talk anyway

Beancounter

mart6 wrote: »

When you sell you are required to tell the buyer of any boundary issues not sure if its different in Scotland.
Sounds a total wally odds on its all talk anyway

Certainly nothing on the Property Questionaire to put anything about disputes but I will have to talk to my solicitor about it. We were hoping to go live on the market tomorrow but I have a horrible feeling this will be another delay after a few other setbacks.

He is claiming his deeds have the dimensions on them but has refused to meet me at the property to discuss and compare measurements. Make of that what you like. Maybe both are incorrect? The sensible thing would have been to meet and if both dimensions are wrong then reach a compromise but not to be.

I would be the first to admit I am wrong but if he takes after his father wrong is not in his vocabularly!

sniggings

Move in, lay laminate, he'll soon change his stance.

Davesnave

sniggings wrote: »

Move in, lay laminate, he'll soon change his stance.

Errr...the guy is upstairs to the OP.

Beancounter

Davesnave wrote: »

Errr...the guy is upstairs to the OP.

Indeed! And he already has laminate down throughout the flat!