Boundary issue

Regulator101

Simply a case of getting the buyer to commit. If we do the work before exchange we're out of pocket and still with the risk that they pull out over something equally as trivial. At least if we've exchanged it's clear what's required of whom for completion to happen and who pays for it.

G_M

moneyistooshorttomention wrote: »

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).

In what way is this matter not 'clearly sorted'?

* the LR Plan apparently clearly defines where the boundary lies.

* there is no ongoing dispute (and the OP/seller will state this in reply to standard Enquiries).

* the neighbour was the one who pointed out the land in question belongs to the OP

The presence of a wall in a garden means nothing. I have a wall, and elsewhere a fence, both within my garden, dividing it into different areas. Neither have any impact on the boundary to my land.

Tom99

I would tell them "sorry" but I am not moving the wall or changing the title. Take it or leave it.

moneyistooshorttomention

Tom99 wrote: »

I would tell them "sorry" but I am not moving the wall or changing the title. Take it or leave it.

To which they could easily retaliate by saying "Well - you can keep the house then. Find yourselves another buyer".

Followed by another buyer might well say the same.

GrumpyDil

But if I was buying the property this would not worry me at all so and I strongly suspect neither would it worry many buyers.

Regulator101

Tom99 wrote: »

I would tell them "sorry" but I am not moving the wall or changing the title. Take it or leave it.

This was my initial reaction. However, we need to sell the house - my wife has brought me round to her way of thinking. To quote her - "sometimes you have to be the bigger man"!!


What we're thinking of doing is as follows:

1. Spelling out that there is no legal basis that obligates us to do anything.
2. However, we recognise their desire to make changes to completely de-risk the future for them.
3. Changing the title deeds is not an option - too time consuming and costly.
4. Only option then is to do something with the wall. So we're looking into the cost of a) taking the wall down and b) taking it down and re-building it 2 feet to the left together with the timeframes within which both can be done.
5. We will foot the bill for taking the wall down.
6. They foot the bill for re-building it.
7. All work to take place between exchange and completion with completion being conditional upon the work having been carried out and costs settled.

The rationale for 5 is that I sort of understand that there is a perception that the existing location of the wall is where the boundary is. Removing the wall removes that perception.


In my view there is categorically no need to re-build the wall and we should be prepared for the sale to fall through on this matter of principle.

Davesnave

Regulator101 wrote: »

All work to take place between exchange and completion with completion being conditional upon the work having been carried out and costs settled.

Check the legal and practical implications of this. While it might be unlikely, there are all sorts of things which might frustrate the situation, leading to further complications if that deadline couldn't be met.

I'm not even sure if completion can be made conditional once exchange has happened, but your solicitor will know.

Ozzuk

Just stick a fence up along the 'true' boundary, take the wall down if its easy. Low cost, doesn't need new foundations. I wouldn't mind better if they are this picky then you'll spend loads sorting this out and they'll find something else so do the minimum to satisfy their request. IMO it isn't reasonable to expect a new wall (assuming we're talking brick etc).

ScorpiondeRooftrouser

Remove the land from the title deeds and keep it. Go round every weekend and have a barbecue on it, talking loudly and playing music.

A few weeks later offer to sell it to the new owners for many times more than it cost you to vary the plans.

elsien

Yes, I was going to suggest that if the boundary is the issue find another cheaper way of marking it. You don't need to move the wall and if you put up a cheap fence (or even a few posts and a bit of string!) then it will prove to them the neighbour isn't objecting. If they still want the wall moving after that, they're taking the proverbial.