Boundary issue

Regulator101

Hi all.

We are in the process of selling a house. An issue has arisen regarding a patch of land measuring approx 2ft x 10ft. I can’t post a link to the image so imagine facing a house. There is a driveway leading up to a garage. To the left of this is a wall, to the left of this is the patch of land and to the left of this is a neighbour’s drive.

The legal boundary follows the left most edge of the patch of land. However the wall adjacent to the drive (to the right of the patch of land) for some reason, was not built along the legal boundary. We didn’t become aware of it until our neighbour told us that it was our land when it became overgrown!

The land in question is completely unused. The neighbour parks his car on the driveway to its left and we have maintained the land by keeping it free from weeds.

The buyer is insisting that we move the wall so that it sits on the boundary or that we change the title deeds, presumably to assign the land to the neighbour that owns the driveway.

We are struggling to see why this is such an issue for the buyer. They have clearly taken advice from their solicitor but we haven’t really been given a reason as to what the problem is. The only thing that we can think of is that the neighbour might claim the land as his own at some point in the future.

Any help that anyone can offer would be welcome.

Doozergirl

It's a strange request. Your choice.

I'd try and educate them via my solicitor, personally. It will be theirs. They can do what they like when they move in.

G_M

Ridiculous!

Suggst to the buyer that if he wishes to alter the house after purchase by, for example, knocking two rooms into one, , he is free to do so.

Similarly if he wishes to move a garden wall (it is obviously not a 'boundary wall') then he is free to do so. Or he can sell part of the garden to the neighbour assuming the neighbour wants to buy it.

Regulator101

Thanks. To be honest we really need to get this over the line. It was a BTL property and has been vacant for nearly 4 months. Every bone in my body tells me that this is ridiculous but we’re at the point now where we will move the wall just so that we can complete the sale. It’s my own curiosity forcing me to find out if there is a genuine risk behind their request. So frustrating.

freeisgood

I would suspect it is because they don't want to buy...move in and then start on bad terms by the "new neighbour" by moving the wall themselves. If you do it...then you are leaving so it won't matter...and they move in with the wall at the true boundary...without themselves causing upset to their new neighbour.

Regulator101

freeisgood wrote: »

I would suspect it is because they don't want to buy...move in and then start on bad terms by the "new neighbour" by moving the wall themselves. If you do it...then you are leaving so it won't matter...and they move in with the wall at the true boundary...without themselves causing upset to their new neighbour.

I can see that though I don’t understand why we’ve been given the alternative option of changing the title deeds. Clearly having a wall at the true boundary is that important to them. They don’t seem too fussed if they own the land or not.

G_M

A sound conjecture freeisgood. Very likely.

In which case I'd offer to get a contractor to move the wall at the buyer's expense - but despite my well-earned reputation for using tea (and cake) to resolve issues, I can also be stubborn and curmudgeonly when buters start taking the proverbial....

troffasky

If you do decide to move the wall you will just have to hope that satisfying one baffling request doesn't beget another.

Regulator101

Indeed. Whilst it doesn’t completely stop more “off the wall” requests, we will only get the work done upon exchange of contracts.

G_M

Regulator101 wrote: »

Indeed. Whilst it doesn’t completely stop more “off the wall” requests, we will only get the work done upon exchange of contracts.

Once you've Exchanged, why bother? Unless there'ssome crazy additional clause added to the contrat.

But sounds like the buyer doesn't want to commit (Exchange) till the wall is moved.....

moneyistooshorttomention

Sounds like a perfectly reasonable request from your buyer imo.

It is an awkward situation if a previous owner of house hasnt got things absolutely crystal clear on things like this - as, even if previous owner and neighbour have got on fine, there is always the chance that neighbour will take against new owner of house and become distinctly unreasonable.

If the matter is all clearly "sorted" and everything is clear - then the matter is definitely over/no possible boundary dispute and it doesnt matter what the neighbour thinks of the new owner (ie because they won't have a "stick to beat them with" readily to hand - should they wish to use it).

This is the voice of someone that moved into current house - not knowing there was outstanding issues between neighbour and my house - and it darn well did matter when neighbour decided not to like me.

So - I definitely dont blame your buyer at all. Now I've been "put through the mill" it's "once bitten, twice shy" about ever landing up with anything less than totally clear ever again.