Fence irregularity ta6

BikingBud

V2001 said:

Tiglet2 said:

You only bought this property six months ago.  What did you say when your solicitor sent you the title plan and asked if it matched what you saw when you viewed?

At that time i viewed it was fine as title plan. A new neighbour moved in just before me and changed it then 

A new neighbour moved into next door roundabout the same time as you were going through the buying process and as they were "in first" the decided to unilaterally change the fence line, with a kink of somewhere between:

The fence is the neighbours and encroaches onto my land by about 2 inches. It's the neighbours fence and he erected it. 

and

Had another check towards end of fence it goes out by 30 to 40cm max. This is because there was trees there's and the fence was behind trees causing this irregularity.

I read that as the trees were in the neighbours garden and the fence was placed your side as the most effective way to locate the fence by going around the trees. 

Have the trees now been removed? Who removed them? If they have now gone and the fence line can be restored, to the actual boundary as there is no requirement to work around an obstacle, discuss this with the neighbour and be clear about your expectations. The concession whilst the trees were present has now lapsed and you require the fence relocating.

How did you mention or lodge your objections to the neighbour's "land grab" during your purchase? What communications are there to cover this?

I think I would be more concerned that trees appear to have been unnecessarily removed than a few square centimetres of land.

V2001

I removed the trees on my side, that's how the fence become more noticebale

I didn't realise the land grab so no comments were made at time.

V2001

Can the house still be sold if the title plan doesn't reflect the actual boundary. Or am I stuck?

Tiglet2

V2001 said:

Can the house still be sold if the title plan doesn't reflect the actual boundary. Or am I stuck?

Yes, it can still be sold.

If the buyer raises questions with his solicitor about the discrepancy and this results in Land Registry being involved in a boundary change/transfer of land/update of title plan, then you will be adding around 3 months to the length of the sale transaction.

If the buyer doesn't query it with his solicitor and is happy with the boundary as it is, then no need to get either solicitor or Land Registry involved and the transaction proceeds at the normal pace.

V2001

Thanks, it's all getting stressful I'm not even sure if buyer will accept it like that now.
Neighbour won't change fence correctly and would want to go through court

MeteredOut

V2001 said:

Thanks, it's all getting stressful I'm not even sure if buyer will accept it like that now.
Neighbour won't change fence correctly and would want to go through court

Has the neighbour told you that?

sheramber

Why does the neighbour consider he has the right to move the fence.?

What does his title deed show as the boundary line?

V2001

He did tell me that he wouldn't change it.  His title deeds shows he is out of line