Boundary issue

Regulator101

Just wanted to resurrect this thread as there have been a few developments. We spoke to the neighbour about this and whilst they agree about the location of the boundary their preference is not to have the wall rebuilt on the boundary line as it would prevent them from properly opening car doors.

We offered to have the wall removed so as to remove any potential perception of the boundary line following the wall.

We are refusing to have the deed plan changed to follow the wall.

The buyer's solicitor has not accepted the situation and has gone to the buyer's lender to ask if they will still be prepared to lend despite the deed plan being inaccurate. My guess is that the underwriter will not review the facts and will place reliance on what the solicitor says.

The fact is that the deed plan isn't innacurate and the solicitor, in our view, has chosen to turn this into an issue that simply doesn't exist. At the same time the buyer seems to be acting completely passively and allowing the solicitor to lead them towards a fallen through sale.

We have now put the house back on the market and secured three viewings for the weekend. 2 are cash buyers and 1 of them narrowly missed out the last time it was on the market.

I feel very strongly that the solicitor has caused this unnecessary situation. Do we have any recourse (I.e. Can I complain) if I am not their client?

lincroft1710

Regulator101 wrote: »

I feel very strongly that the solicitor has caused this unnecessary situation. Do we have any recourse (I.e. Can I complain) if I am not their client?

In a word, no. Even if you could make an effective complaint, any solicitor would respond that they were acting in the best interests of their client.

Davesnave

Regulator101 wrote: »

I feel very strongly that the solicitor has caused this unnecessary situation. Do we have any recourse (I.e. Can I complain) if I am not their client?

No, you cannot complain to the Law Society about the actions and judgement of someone else's solicitor.

Been there, tried that.

franklee

Regulator101 wrote: »

We spoke to the neighbour about this and whilst they agree about the location of the boundary their preference is not to have the wall rebuilt on the boundary line as it would prevent them from properly opening car doors.

So the neighbours agree it's your land but want to use it and presumably have been using it for some time? If buying I would want to know have they acquired any rights over the bit they use regularly to get in the car? It does sound messy if you can't put a boundary up to clarify without upsetting the neighbours. What does your solicitor have to say about it?

moneyistooshorttomention

franklee wrote: »

So the neighbours agree it's your land but want to use it and presumably have been using it for some time? If buying I would want to know have they acquired any rights over the bit they use regularly to get in the car? It does sound messy if you can't put a boundary up to clarify without upsetting the neighbours. What does your solicitor have to say about it?

That is what would concern me - ie that the neighbours might gain some sort of legal rights over that tiny part of your garden if you let them carry on with this.

They may not like it (they won't!) but I think you should safeguard your position here and put up a wall. That way you've safeguarded your house from anyone ever acquiring any rights over it.

Voice of experience time here - that it is not a peaceful process to safeguard one's garden. But, if they've not acquired any rights so far = they've not acquired any rights so far and there is nothing they can do. But leave it - and some future owner of your house will probably be cursing you for having a battle on their hands about this.

Regulator101

franklee wrote: »

So the neighbours agree it's your land but want to use it and presumably have been using it for some time? If buying I would want to know have they acquired any rights over the bit they use regularly to get in the car? It does sound messy if you can't put a boundary up to clarify without upsetting the neighbours. What does your solicitor have to say about it?

I think that this is called an easement. We retain ownership but there is an acknowledged right to use it for a specified purpose. Quite common I think and in fact, this isn't a formal thing anyway so in truth, we could build there if we wanted to.

Regulator101

moneyistooshorttomention wrote: »

That is what would concern me - ie that the neighbours might gain some sort of legal rights over that tiny part of your garden if you let them carry on with this.

They may not like it (they won't!) but I think you should safeguard your position here and put up a wall. That way you've safeguarded your house from anyone ever acquiring any rights over it.

Voice of experience time here - that it is not a peaceful process to safeguard one's garden. But, if they've not acquired any rights so far = they've not acquired any rights so far and there is nothing they can do. But leave it - and some future owner of your house will probably be cursing you for having a battle on their hands about this.

If we build the wall now we create a problem that has never existed in 17 years and our buyers move in already on bad terms with one set of neighbours. Clearly the neighbours are well aware that it's not us wishing to move the wall!

Regulator101

I think that the point about the neighbours is a red herring. The buyer's solicitor has gone to their lender to ask if they will still lend despite the plan being inaccurate.

This simply isn't true.

chappers

Regulator101 wrote: »

Despite the deed plan being inaccurate. My guess is that the underwriter will not review the facts and will place reliance on what the solicitor says.

The fact is that the deed plan isn't innacurate and the solicitor, in our view, has chosen to turn this into an issue that simply doesn't exist.

You are absolutely correct if the deed plan shows the correct area then the wall has nothing to do with the location of the boundary.
The land in question doesn't seem to have any bearing upon the performance of the property, nor any significant value so the lenders nor the buyer probably wont care if your neighbour did obtain it by way of adverse possession.
I would be inclined to phone this joker and point that out to him and when he argues back ask him to explain under what circumstances he would see this causing future problems.

Regulator101

chappers wrote: »

You are absolutely correct if the deed plan shows the correct area then the wall has nothing to do with the location of the boundary.
The land in question doesn't seem to have any bearing upon the performance of the property, nor any significant value so the lenders nor the buyer probably wont care if your neighbour did obtain it by way of adverse possession.
I would be inclined to phone this joker and point that out to him and when he argues back ask him to explain under what circumstances he would see this causing future problems.

Exactly. The buyer has even told us (via the estate agent) that they're not bothered if they own it or not. It is of absolutely no use to them or the neighbour. I've wanted to phone their solicitor all week but my better half has persuaded me not to each time. I just wish that the buyer would grow a pair.