Boundary dispute with neighbour

sirromjp

My next door neighbour erected a new fence whilst I was at work. The new fence isn’t in the same place and it’s not straight, as it is on the land registry document and angles further into my garden across my kitchen window. I used to be be able to see the bottom of my garden from the window but now I can’t. They refuse to move it and became abusive - we haven’t spoken since. I just found out they have agreed a sale on the house. I had no idea it was on the market as there is no for sale sign outside. I suspect they haven’t declared the boundary dispute on the TA6 and I have called the estate agent asking them to confirm this. They said they would check and get back to me but haven’t despite numerous requests. Not sure what to do next. I just want the fence moved back to the original location before they leave.

konark

It's their solicitors you need to speak to, to inform them of a boundary dispute, don't even waste your breath with their EAs . If not them , then the prospective buyer or their solicitors. As long as the dispute is lodged it will stymie any sale, hopefully that will bring them to their senses.


Failing that , move it back when they move out, before the new neighbours arrive.

-taff

If it is onyour land, you can take it down.
However, in your case, you're going to have to show it is actually on your land. Have you got any documents handy that show the boundary? If you have, point this out to them, and let them know if they don't move it to where it's supposed to be, they'll be receiving a letter from your lawyer.
[that's if you want to take it that far]

moneyistooshorttomention

1. Have you got photos of the garden as per normal (ie before they moved the fence)?

2. Have you any idea why they moved the fence into your garden? - in particular at this juncture (ie when it won't make any difference to them personally - as they've just sold it anyway)?

3. I'd agree with telling their solicitor (rather than their EA) - as the EA can pretend they've not heard. But it would be very difficult/impossible for their solicitor to pretend they've not had a letter on this (in writing). Personally - I'd be sending them a paper copy (by recorded delivery) - so they can't pretend they've not received it.

4. I'd be giving a paper copy to the neighbour concerned marked "for your information". Probably wisest not to put wording to the effect of "This will create a dispute for you" on you - just an exact copy of the letter sent to their solicitor and ONLY add those words "for your information". Leave it to their solicitor to explain to them they've just created a dispute.

Davesnave

While I agree with contacting the neighbour's solicitor, no one has explained yet how the OP will know who that is.


Maybe a visit to the EA's office would elicit those details, but it's more than likely they'd claim confidentiality as a reason for not disclosing. If the matter was explained, however, they'd be professinally bound to pass on a letter to the relevant firm and they ought also to inform the purchaser.

As above, I'd then copy the letter and send it to the EA recorded delivery so there would be difficulties in denying what they knew and when.

The OP is in the driving seat here. If it were me, and I was stonewalled by the agent, I'd probably contact my own solicitor and have them send the letter too, just to reinforce that the sale would be dependent on a resolution and that I meant business.

Cakeguts

Where is the fence in the EAs marketing details? If there is a photo of it in their details you can see if there is any reason why the moved it by looking at it from that side.



I would then send a letter or hand deliver a letter to the estate agent telling them that the fence is in the wrong place and that as it is on your land and you can prove it you are going to remove it.

Ozzuk

Handing letters to solicitors/EA may help get a response and impact any sale, it's worth a try if the neighbour is refusing to listen. But if that doesn't work (the solicitor for instance won't deal with it) then you may need to employ a solicitor to send them a letter before action.

If you decide to take matters into your own hands then you need to be very sure you are in the right.

Do you have legal cover on your house insurance? They may help. You may even have to pay a few hundred to get a surveyor out.

Be warned, these kinds of disputes can be extremely stressful, take a long time to resolve and could cost a forture if you both go down the legal route so do make sure you are confident where the fence should be and decide if it is worth fighting.

davidmcn

Ozzuk wrote: »

Handing letters to solicitors/EA may help get a response and impact any sale, it's worth a try if the neighbour is refusing to listen. But if that doesn't work (the solicitor for instance won't deal with it) then you may need to employ a solicitor to send them a letter before action.

You should also copy any such letters to the neighbour, as (unless they've agreed) their EA or even their solicitor isn't a legitimate address for service on them.

sirromjp

EA refuses to give solicitor details and said to ask neighbour who also refuses. Unless I can get that information I can’t see how I can take any action.

SmashedAvacado

What I would do:

Put a notice through the door with the heading "legal notice". Put a note with the notice that you will provide this to the buyers at the first opportunity and also to the agents. Indicate int he notice that you intend to remove the fence carefully and place it on their land. Indicate that they are free to re-errect the fence at their boundary but not on your land. Indicate that you will do this on [date}. indicate that if they attempt to stop you that you will use all avenues open to you including an injunction in the high court (for which they will likely be held liable on costs). Then get someone in to remove the fence on the day in question and place it on their land (making as little damage as possible).

I would only do this if I was sure (and can prove) the fence is on my land. Are you sure?

Davesnave

sirromjp wrote: »

EA refuses to give solicitor details and said to ask neighbour who also refuses. Unless I can get that information I can’t see how I can take any action.

You can have a solicitor send a recorded delivery letter to the EA outlining your case and stating that the boundary is disputed.

That way there could be no doubt what information the EA held, or when, so they wouldn't dare withhold it from the purchasers. They are bound to disclose what they know, or else risk legal action later by the purchasers if they find out post-exchange.

Removing the fence is an option that might be open to some people, but not others. In the end, you and your neighbour, present or future, will have to decide where the boundary is, or else face the possibility of expensive legal proceedings. Anything that might hinder that could be counter-productive.

You are holding your cards very tight to your chest here, so just how much land are we talking about being 'lost?'