Boundary dispute before contract exchanges

ladymrx

We are in process of selling our leasehold flat and a discrepancy was found during the process that a 60 cm space belongs to the next door flat (this has been in place since the building was converted 20 years ago, unfortunately can’t claim as ours as we only owned the flat for 3 years and wouldn’t not have enough evidence ). The lawyer advised at that time to block that space off with plasterboard to match the floor plans, which we did and we were ready to exchange.

The neighbors (who moved in 6 months ago now came forward to claim it as theirs and we have agreed (between neighbors) to build a concrete wall at our own expense to close off the space and we now have no access to it. We tried to do this without involving anyone as we want to exchange asap and it has been a lengthy process as it was.

Unfortunately, The neighbors have emailed our property agency asking to stop the sale because they are claiming that space, and asked them and the buyers solicitors to confirm to them in writing, that they are happy with the wall built to block of the space, otherwise they are threatening to involve their lawyers, apply for an injunction and take us to court for ‘taking’ their space and to put all expenses on us. 

As far as we understand it, if there is a discrepancy betweeen the flat boundary and the actual space in the flat, an agreement between neighbors to close access to that space, so neighbors can use it as part of their flat, would be sufficient. I highly doubt that any lawyer is able to tell them that they are happy with the wall built, wouldn’t this be the job of a surveyor? Or, wouldn’t the verbal agreement between neighbors be enough, considering that the wall built now matches the floor plans? We are also trying to go above and beyond to sort asap, but it seems that the neighbors are the ones not interested in coming to an agreement.

any suggestions anyone? We are desperate 

Many thanks

user1977

What does your own solicitor say about it?

Schwarzwald

The neighbors are not party to whatever you sell to your buyer so hard to see how they can i terfere with that.
however your buyer might want to know what they are actually buying so as long as there is a dispute, they might not proceed.

besides that, i cannot visualize the space in queation and hard to understand why the neighbors are claiming it and how they intend to use it

Titus_Wadd

IANAL but if they are applying for a civil remedy such as an injunction they are not acting reasonably given that you are not refusing to restore their few cubic cm. Surely attempts to kibosh your sale would not be viewed as fair or proportionate. 
Once the area is walled off from your home, do they think you or future buyers will burrow through again without a legal deed promising not to?  There's  no relationship between your buyer and your neighbour until the former completes.  Why would they need an injunction if you are already restoring the correct layout?
If you lose this sale, having remedied the discrepancy I can't see what "ongoing dispute" you would need to declare to prospective buyers; declare it as a spent dispute and ensure your EA amends any photo or floor plan to show only what's yours.
I hope you sell soon...these people sound like trouble!

ThisIsWeird

Based on what you've described, your neighbour is an 'ole.
What a shame you are selling, because if they wanted their space back, with you not having access to it, then they should be putting the wall up at their expense.
Do the deeds plans agree with the correct ownership? Ie, that space is included inside their red boundary line? If so, what is their issue? You are not disputing anything. You agree it's theirs.
I don't understand the issue - unless they are concerned an attempt will be made for adverse possession? But, that would fail, for at least two reasons; you have blocked your access off with p'board? You have therefore broken any 'extended and continuous' use of that space. And even before you did this, if you'd tried to claim it under the latest AP laws, the LandReg would first contact the rightful owner and ask if they are ok with this. I think I know what they'd say...
That is my understanding. Your conveyancer should clarify.

ladymrx

Schwarzwald said:

The neighbors are not party to whatever you sell to your buyer so hard to see how they can i terfere with that.
however your buyer might want to know what they are actually buying so as long as there is a dispute, they might not proceed.

besides that, i cannot visualize the space in queation and hard to understand why the neighbors are claiming it and how they intend to use it

Thanks, we thought so too, just not sure how to clarify with the neighbors that the wall is in place, matches the plans, they seem to want formal letters confirming this, although I think they’re asking the wrong parties to do this. 

We’re still waiting to hear from our solicitors on this. 

The buyers are aware of the situations and luckily are very patient and not bothered for losing a small space (which headroom restrictions I must mention) in the kitchen, but we might lose the sale for it taking ages

ThisIsWeird

ladymrx said:

Unfortunately, The neighbors have emailed our property agency asking to stop the sale because they are claiming that space, and asked them and the buyers solicitors to confirm to them in writing, that they are happy with the wall built to block of the space, otherwise they are threatening to involve their lawyers, apply for an injunction and take us to court for ‘taking’ their space and to put all expenses on us. 

As far as we understand it, if there is a discrepancy between the flat boundary and the actual space in the flat, an agreement between neighbors to close access to that space, so neighbors can use it as part of their flat, would be sufficient.

To confirm - you have p'boarded off that space? The wall now agrees with both sets of deeds maps? You don't have access to it? Your neighbour does have access to it?
There is no dispute. There is no issue. 
I see no harm in you confirming to the neighbour that you believe the p'boarded wall's location to be correct, as shown in the deeds. They can build it in brick to their heart's content. Their wall, their expense.
They can 'threaten' injunctions and suchlike, but what loss have they suffered? Who on earth would take on such an injunction?! Certainly not Legal Insurance - only a slimeball solicitor happy to their money for no good reason.
Are they approachable? Could you have a chat to explain there is actually no issue here!

ladymrx

ThisIsWeird said:

ladymrx said:

Unfortunately, The neighbors have emailed our property agency asking to stop the sale because they are claiming that space, and asked them and the buyers solicitors to confirm to them in writing, that they are happy with the wall built to block of the space, otherwise they are threatening to involve their lawyers, apply for an injunction and take us to court for ‘taking’ their space and to put all expenses on us. 

As far as we understand it, if there is a discrepancy between the flat boundary and the actual space in the flat, an agreement between neighbors to close access to that space, so neighbors can use it as part of their flat, would be sufficient.

To confirm - you have p'boarded off that space? The wall now agrees with both sets of deeds maps? You don't have access to it? Your neighbour does have access to it?
There is no dispute. There is no issue. 
I see no harm in you confirming to the neighbour that you believe the p'boarded wall's location to be correct, as shown in the deeds. They can build it in brick to their heart's content. Their wall, their expense.
They can 'threaten' injunctions and suchlike, but what loss have they suffered? Who on earth would take on such an injunction?! Certainly not Legal Insurance - only a slimeball solicitor happy to their money for no good reason.
Are they approachable? Could you have a chat to explain there is actually no issue here!

Thanks again. We have p’boarded the space initially, and then at their request we have took that down, and built a proper block concrete wall. That was the understanding in the 1st place between us, and we’ve provided them with evidence of the wall built, measurements etc. so yes, it agrees with both sets of deeds. We have no access, they also have no access of that space (it’s an empty space behind their kitchen), but it is within their boundaries. But now they are asking for confirmations from solicitors, property agents that they are happy with the wall (??). I don’t really understand why would they need any sort of confirmation..

user1977

No idea. It's not within your boundary and you're not occupying it. Presumably they'd need to get freeholder's consent to do any works required from their side in order to allow them to use it?

Titus_Wadd

I wouldn't have your solicitor correspond hoping to placate them, that just adds to your legal bill.  You could ask them politely to have their solicitor write to yours to explain the continued dissatisfaction they feel even though you have complied with the request.  
I speak from experience that bringing an action for injunctive relief is expensive* if they want to start that process.  Defending the action with evidence that you have already done what they asked for sounds the better bet to me. But take solid legal advice to decide what sort of grounds they believe would lead them to be granted an injunction.

* We had legal protection from house insurance underwriting out action.  It was refused by the judge because our solicitor cocked up the ex party paper work.  He advised us to resubmit  because he hadn't heard any evidence but awarded costs to the other party >£45k...paid by the insurance luckily.
You don't have to use your conveyancer if that's his main bread & butter work, and if you have legal protection I'd use that route to defend any action and just keep your conveyancer updated.  Look at all options and make an informed choice from legal advice available.  The caveat being that my circumstances were very different so I'm drawing from my own experience.  

If you don't have legal protection opt into it when you insure your next home!

Let us know how it pans out, even if it takes a few weeks or months?

ladymrx

Following on a previous chain. We are selling our leasehold flat and a discrepancy was found during the process that a 60 cm x60 cm space in the kitchen belongs to the next door flat, and the neighbors claimed it as theirs. We have agreed verbally with the neighbors that we will built a concrete block wall to block off our access to that space. The neighbors are now refusing to come and check for themselves that the wall matches both our and their deeds, even if we have provided them with pictures to support that it is correct and there is no issue anymore. Our conveyor advised that the neighbors DO need to agree with the built wall for the sale to go ahead, which they refuse to do, as our evidence is not sufficient.

Our property agent advised that swearing an affidavit might resolve the issue, if we cannot get the neighbors to confirm that they are happy with the new boundary. 

This is stopping us from exchanging contracts unfortunately. Does anyone have any suggestions for quick resolution in such case?
 Or, would a surveyor report serve as confirmation that the boundaries are in line with the deed and remove the need of approval from the neighbors?