Boundary issue on house I have sale agreed on

cozzyman

Before Xmas I viewed and have sale agreed on a property 
When I was there there was the beginnings of a new fence between the two properties which has been previously devided by council concrete posts I assumed it was the owner selling the house doing it.
Now two months later the tennants have moved out and when I went to look at the property I see the fence has cut into my perspective new house by over a foot so I'm assuming it's the neighbours putting up fence and grabbing some extra garden. The section of fence and their garden they have ripped out the posts but two concrete posts remain either end of the fence showing where the original boundaries are.
Any advice,.? I'll have to ask owners of they have neighbours permission 1st but what then ,? If they haven't so I get council,\solicitors involved (don't want to start rows with neighbours straight of the bat) Or if permissions were given to I say to drop price on house or simply walk away?
I do what the house but not the hassles or maybe chances neighbours

Slithery

cozzyman said:

Now two months later the tennants have moved out and when I went to look at the property I see the fence has cut into my perspective new house by over a foot so I'm assuming it's the neighbours putting up fence and grabbing some extra garden. The section of fence and their garden they have ripped out the posts but two concrete posts remain either end of the fence showing where the original boundaries are.

Don't assume anything. If you haven't already seen a copy of the title plan and deeds then download them from the LR for £3 each and check yourself.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/MapEnquiryInit.do

If the boundary on-site is different to the title plan then you need to make both your solicitor and vendor aware of the problem immediately and take it from there depending on the replies.

cozzyman

not really assuming anything as i seen the old fence b4 they removed it

mcpitman

cozzyman said:

not really assuming anything as i seen the old fence b4 they removed it

That doesn't necessarily mean the "old" fence was in the right place.

Check the title plan and proceed from there.

SusieT

In addition to the above, if you get a chance, it is also worth getting photos of the new fence with the remaining posts showing where the boundary used to be. It will be useful for you going forwards, and also for querying with the vendor.

Slithery

cozzyman said:

not really assuming anything as i seen the old fence b4 they removed it

Yes you are. You're assuming that the old fence was actually in the correct place when you first saw it.

cozzyman

Well thats true i know the old fence has only been where it was 20 to 30 years but yes could have been in the wrong 
place all this time but either way if the site plan does show them on my (to be) property maybe i could have some advice on the question which i asked.
which was IF they have cut into my property should i get the seller to fight this or do the fighting myself or ask for money off if the seller gave permission for them to take it, (what would be a reasonable compensation of a 145000 house? 1k? for a 1ft x 10ft)

dimbo61

The devil is in the detail !
Can the neighbours now drive the 36 foot motorhome past your house to the huge double garage he/she is going to build at the bottom of the garden !
Does it now make the gap between the two properties the same ? 50/50 so too speak.
Will you be able to drive your Rolls Royce into your heated garage without having to fold the wing mirrors in ?

cozzyman

well now i hadnt considered that now till you said ;-)