Boundary dispute before contract exchanges

DE_612183

when you say 60 x 60 - what is the other measurement?

May not change the answer but gives a bit more context.

ladymrx

DE_612183 said:

when you say 60 x 60 - what is the other measurement?

May not change the answer but gives a bit more context.

It’s a 60cm length, 60 cm width and 150 cm height space , it’s a height restriction space which is placed behind their kitchen according to their deed (so it was supposed to be an empty space between our flats, but when the building was converted, it was left as part of our kitchen). They do not have acces to that space, as it is behind their kitchen, hence the need for them to come in our property and check that the wall is now in line with the deed, and that we do not have access to it anymore.

Hope this clarifies 

ladymrx

The bit in Yellow is the space in question that was incorrectly left as part of our flat, and the Red line is the newly built wall to block that off .e 

user1977

Why have you started a duplicate thread? Just continue your existing one.

Boundary dispute before contract exchanges — MoneySavingExpert Forum

ladymrx

Update: 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. Did anyone try that before?

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?

For clarity on the issue:

The bit in Yellow is the space in question that was incorrectly left as part of our flat, and the Red line is the newly built wall to block that off .

ladymrx

user1977 said:

Why have you started a duplicate thread? Just continue your existing one.

Boundary dispute before contract exchanges — MoneySavingExpert Forum

Thanks, will do. Have reported this one to be deleted.

Schwarzwald

So i presume you are Unit 2 and the neighbor is Unit 3 and probably would like to have that space as part of their flat?

gelato_cat

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.

ladymrx said:

Update: 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. Did anyone try that before?

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?

For clarity on the issue:

The bit in Yellow is the space in question that was incorrectly left as part of our flat, and the Red line is the newly built wall to block that off .

If the neighbours are asking for letters from the property agency and the buyer's solicitor, can you organise those?

ladymrx

Schwarzwald said:

So i presume you are Unit 2 and the neighbor is Unit 3 and probably would like to have that space as part of their flat?

Yes, that’s correct, hence the wall we’ve built to block off the space.

ladymrx

gelato_cat 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.

ladymrx said:

Update: 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. Did anyone try that before?

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?

For clarity on the issue:

The bit in Yellow is the space in question that was incorrectly left as part of our flat, and the Red line is the newly built wall to block that off .

If the neighbours are asking for letters from the property agency and the buyer's solicitor, can you organise those?

gelato_cat 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.

ladymrx said:

Update: 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. Did anyone try that before?

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?

For clarity on the issue:

The bit in Yellow is the space in question that was incorrectly left as part of our flat, and the Red line is the newly built wall to block that off .

If the neighbours are asking for letters from the property agency and the buyer's solicitor, can you organise those?

Both the property agency , the buyer’s solicitors and even our solicitors said this isn’t their job to do..