House seller has encroached on neighbour's land

Tulips2lips

I'm currently looking at properties but they all seem to have problems.  The latest one has a summerhouse in the garden, or should I say outside of the garden as it's built on the neighbour's land.  The fence was moved some years ago and the elderly neighbour objected but was threatened by the squatter.  The summerhouse was later built on the land measuring approx 20 sq metres.  The title plan shows the correct boundary so this surely can't be legal as the land has been taken by force from a vulnerable person.  I'm keen to put in an offer but I'm not prepared to pay the asking price.  How do I proceed?  Any suggestions much appreciated.

anselld

Assuming you are intending to remove the summerhouse and return the boundary?  Make the offer on that basis and to cover the necessary work and see what they say.   It is an offer, same as any other offer.

Robin9

I'm on an estate which backs onto agricultural land where a near near neighbour has done something similar by extending his patio. He has had a letter from the famers agent giving him 14 days to remove.

Come at a bad time as the property was being sold -  he will have to declare a dispute which may well prevent the sale.

FreeBear

anselld said:

Assuming you are intending to remove the summerhouse and return the boundary?  Make the offer on that basis and to cover the necessary work and see what they say.   It is an offer, same as any other offer.

Certainly make a reduced offer on the basis that there is an ongoing dispute, but say nothing about rectifying the boundary. On moving in, move the summerhouse and put the fence back where it should be. The affected neighbour would be over the moon and grateful for the gesture - You'd make a friend for life that way.

Keep_pedalling

The real problem would be if it was the other way round. 

user1977

Just price it according to what the vendor actually owns. I suspect that may not make much difference? Is the vendor expecting to "sell" the bit they've grabbed?

ThisIsWeird

Tulips2lips said:

I'm currently looking at properties but they all seem to have problems.  The latest one has a summerhouse in the garden, or should I say outside of the garden as it's built on the neighbour's land.  The fence was moved some years ago and the elderly neighbour objected but was threatened by the squatter.  The summerhouse was later built on the land measuring approx 20 sq metres.  The title plan shows the correct boundary so this surely can't be legal as the land has been taken by force from a vulnerable person.  I'm keen to put in an offer but I'm not prepared to pay the asking price.  How do I proceed?  Any suggestions much appreciated.

Are the two owners the original folk? Ie, 'your' house is being sold by an 'ol, and your new neighbour is this same vulnerable person? When was the fence moved? And, how do you know this story - who told you?

Any mention of the summerhouse in the sales partics? Any suggestion that it would come with 'your' property?

I presume your intention would be to remove it and restore the correct boundary?

In which case, as others have said, put in/amend your offer in order to cover the cost of removing the s'house and restoring the fence. This shouldn't be much - the s'house can be put on your local Fb Marketplace, and someone will take it away, paying you for it if it's decent.

If there is no suggestion by the seller that the s'house comes with the house, then that's likely the end of the issue. If your vendor is suggesting in any way that the s'house is 'included' and an asset, then their valuation presumably included this, so your reduced offer should be based on no s'house, a smaller garden, and the cost of removing it.

And - if the EA has not been fully upfront about this whole horrible issue - make it clear to them that they MUST legally disclose it to all other viewers from now on.

RAS

And when it comes to negotiations, insist that the sellers take the summerhouse with them. It's not uncommon for vendors to decide late in the process that they now want £xxxx for their charming addition.

badger09

ThisIsWeird said:

Tulips2lips said:

I'm currently looking at properties but they all seem to have problems.  The latest one has a summerhouse in the garden, or should I say outside of the garden as it's built on the neighbour's land.  The fence was moved some years ago and the elderly neighbour objected but was threatened by the squatter.  The summerhouse was later built on the land measuring approx 20 sq metres.  The title plan shows the correct boundary so this surely can't be legal as the land has been taken by force from a vulnerable person.  I'm keen to put in an offer but I'm not prepared to pay the asking price.  How do I proceed?  Any suggestions much appreciated.

Are the two owners the original folk? Ie, 'your' house is being sold by an 'ol, and your new neighbour is this same vulnerable person? When was the fence moved? And, how do you know this story - who told you?

Any mention of the summerhouse in the sales partics? Any suggestion that it would come with 'your' property?

I presume your intention would be to remove it and restore the correct boundary?

In which case, as others have said, put in/amend your offer in order to cover the cost of removing the s'house and restoring the fence. This shouldn't be much - the s'house can be put on your local Fb Marketplace, and someone will take it away, paying you for it if it's decent.

If there is no suggestion by the seller that the s'house comes with the house, then that's likely the end of the issue. If your vendor is suggesting in any way that the s'house is 'included' and an asset, then their valuation presumably included this, so your reduced offer should be based on no s'house, a smaller garden, and the cost of removing it.

And - if the EA has not been fully upfront about this whole horrible issue - make it clear to them that they MUST legally disclose it to all other viewers from now on.

Would the EA even know the real position? 

Tulips2lips

ThisIsWeird said:

Tulips2lips said:

I'm currently looking at properties but they all seem to have problems.  The latest one has a summerhouse in the garden, or should I say outside of the garden as it's built on the neighbour's land.  The fence was moved some years ago and the elderly neighbour objected but was threatened by the squatter.  The summerhouse was later built on the land measuring approx 20 sq metres.  The title plan shows the correct boundary so this surely can't be legal as the land has been taken by force from a vulnerable person.  I'm keen to put in an offer but I'm not prepared to pay the asking price.  How do I proceed?  Any suggestions much appreciated.

Are the two owners the original folk? Ie, 'your' house is being sold by an 'ol, and your new neighbour is this same vulnerable person? When was the fence moved? And, how do you know this story - who told you?

Any mention of the summerhouse in the sales partics? Any suggestion that it would come with 'your' property?

I presume your intention would be to remove it and restore the correct boundary?

In which case, as others have said, put in/amend your offer in order to cover the cost of removing the s'house and restoring the fence. This shouldn't be much - the s'house can be put on your local Fb Marketplace, and someone will take it away, paying you for it if it's decent.

If there is no suggestion by the seller that the s'house comes with the house, then that's likely the end of the issue. If your vendor is suggesting in any way that the s'house is 'included' and an asset, then their valuation presumably included this, so your reduced offer should be based on no s'house, a smaller garden, and the cost of removing it.

And - if the EA has not been fully upfront about this whole horrible issue - make it clear to them that they MUST legally disclose it to all other viewers from now on.

Yes they are both the original owners, the boundary fence was moved approx 10 years ago and the elderly neighbour asked for it to be moved back but was then harassed and bullied.  I know this because I know the neighbour on the other side and have spoken also to the person who was bullied.  They reported to the police who said it was a civil matter.  The seller has shown me the garden and has stated the boundaries are correct but doesn't know I know they're not.  I would definitely return the land to the owner.  The estate agent is aware of the encroachment but said it would be a matter for the buyer's solicitor and not their responsibility.

propertyrental

If the fence was where it should be, and the summerhouse within the boundary, would you still want the property? Would it be worth (to you) the asking price? If not, what would it be worth?

Just make an offer as normal on that basis. If/wne you own, the move the fence/summerhouse - the cost will be minimal, you'll have the house you want, and a neighbour who'll do anything for you!