Boundary dispute before contract exchanges

NervyBuyer

If your solicitor is blocking the exchange saying that the neighbour must agree with the resolution, surely they must be able to tell you what form of confirmation they expect that agreement to be in?

ThisIsWeird

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 .

This is bonkers!
Your flat is unit 2. The solid black line on that deeds(?) map indicates the boundary of your property? 
So, where did you build the p'board partition? Is it flush with your internal walls, as best as you can determine? Cool - the rest is up to them. Beyond that centre line is not even yours - your bricks would be trespassing.
The party wall that otherwise separates your two units usually has the invisible boundary line running down its middle. You theoretically own your half of this party wall, and the neighbour owns theirs. You can, for example, drive screws into your thickness, or sink power sockets. Anything much more significant than this may require a party-wall agreement (doesn't apply here).
So, if this neighbour, with their copy of these deeds which shows the yellow bit to be theirs, wishes to build a wall on their side of this central boundary line, they can do so. And that should be the end of the matter. Why don't they do this? What IS this space outlined in yellow? Or do they not have access to it from their side, so they want it blocked off from yours, just to 'prove' it's theirs? If so, fair enough - but they should be liable for all the costs of doing this.
'Statements of truth' are often used when this is the only 'evidence' for a particular scenario. Yours would presumably acknowledge the boundaries are as shown in the deeds, and confirm you have no claim over this space. And that they will be given access should they wish a sturdier wall. But - wow - they are trying to hold you over a barrel so that you do all the running here?! Wow. 
Has your conveyancer actually spoken to your potential buyer (via they conveyancer)? If I were considering buying your flat, this wouldn't stop me; the onus is entirely on the neighbour to sort this, and you are giving them permission. What the hell is their arguement?
I'd move in, confirm the offer, and - if they continued to suggest that I should sort this - the answer would be a succinct "Don't be daft". It is absolutely zero skin of my nose.
I also cannot see any way that they can interfere with your sale - on what basis would an (expensive to them) injunction be presented?! 
There is no 'dispute'. Yes, you should inform any buyer of this 'matter', but it ain't a dispute. Nothing is in dispute, except perhaps that they wish you to build in brick? I can think of a few choice phrases, or just request that they built you a brick shed.

NameUnavailable

Surely this was something that should have been referred to the freeholders?

ladymrx

Thank you all for your comments, these were very helpful. We had to appoint a boundary surveyor to confirm the position of the wall and that it matches our deeds for the solicitors to carry on with the sale. We didn’t inform the neighbors about this, as they refused to come measure the wall themselves or to share the cost for the surveyor. 

Jemma01

ladymrx said:

Thank you all for your comments, these were very helpful. We had to appoint a boundary surveyor to confirm the position of the wall and that it matches our deeds for the solicitors to carry on with the sale. We didn’t inform the neighbors about this, as they refused to come measure the wall themselves or to share the cost for the surveyor. 

good for you, they just wanted to sabotage the sale. Neighbours from the bottom of hell.