Is there a minimum property walkway / access size?

moneyistooshorttomention

Well if either the land-owner or the renter has indeed mysteriously moved the fence then surely it can (equally mysteriously) get moved back again?

Personally - I'd get the vendor to do that - rather than do it myself.

Altarf

moneyistooshorttomention wrote: »

Well if either the land-owner or the renter has indeed mysteriously moved the fence then surely it can (equally mysteriously) get moved back again?

And quite how does that help?

The fence is not the boundary. The boundary is the boundary.

moneyistooshorttomention wrote: »

Personally - I'd get the vendor to do that - rather than do it myself.

Personally I would let the vendor be doing whatever they wanted, as I would be running away wanting nothing at all to do with buying into a boundary dispute.

ams12688

Wow, lots of great replies!

I will post an update once I've heard back from the solicitor - as I hope the vendor will want to rectify this! The vendor is foreign so may have no clue on the issue.

When I viewed, the back garden did back onto the stream, but I can't recall the width of the garden at back because it was so overgrown with weeds that the fence was hidden.

I hope to make a trip out there this week and have a walk around to inspect again.

ams12688

Ah! just realised a possibility.... only speculation but MAYBE the vendor (whom is the father) erected the temporary fencing up because his son was disturbing the neighbours horses or overstepping the boundary hmmm.... maybe the vendor is the one who put it up in the first place
Will wait and see! Just surprised the solicitor seemed to think it was all fine... but then again she may not realise the barbed wiring was there anyway (until I mentioned it).

Altarf

Unless you get absolute certainty over the ownership of the disputed land - and that is absolute conformation from the landowner of the field and not the vendor of the house - then you would be bonkers to continue (unless you want to star in the next series of Channel 5 "Neighbours from Hell, Boundary Disputes").

Davesnave

ams12688 wrote: »

Will wait and see! Just surprised the solicitor seemed to think it was all fine... but then again she may not realise the barbed wiring was there anyway (until I mentioned it).

Of course she wouldn't have realised. Solicitors don't usually visit a property, so they must rely on purchasers to report what's there on the ground and any discrepancies with the title plan.

What has to be established beyond doubt is where the boundary lies and whether your potential neighbour agrees. The fact that she is distant from the site may slow things down, but I doubt if your solicitor will exchange contracts until that is sorted by the vendor.

Some people here are convinced this will end in a dispute, but there's no bulletproof evidence to suggest that it will. When I bought my house, there were discrepancies on the title plan which my neighbour was perfectly happy to have rectified at my vendor's expense.

ams12688

Thanks for the positive reply! :rotfl: :j
Solicitors are sooooo slllllowwww at replying - grrrrr!
Really hope the neighbour is happy to sort it out- after all, this house is the LAST one that needs renovating in a few hundred metre radius on that road- so I'd like to think they'd be pleased to have someone making it look nice at long last!

Will post once I hear from solicitor/vendor.

moneyistooshorttomention

Indeed - that is another possibility - ie that the vendor himself put that fence up. Always worth asking - and fingers crossed that maybe it's his doing. If he says it is him that did it - personally I'd want that fact down in writing.

Altarf

Davesnave wrote: »

Some people here are convinced this will end in a dispute

It will.

Davesnave wrote: »

but there's no bulletproof evidence to suggest that it will. When I bought my house, there were discrepancies on the title plan which my neighbour was perfectly happy to have rectified at my vendor's expense.

Discrepancies on a title and a fence being installed to stop someone using a piece of land they have commandeered are very different issues.

Davesnave

Altarf wrote: »

It will.

"The deepest sin against the human mind is to believe things without evidence."