Advice needed

Advice needed

Postby msu » Fri Apr 01, 2005 5:54 pm

Hello there,

I am in the process of buying a semi detached, ex-council, property in East Anglia. I have noticed that the fence in the front garden is about 1.5 feet into our garden(going to be) (instead of centre of the two windows). I talked to my solicitor who is compeleting the documentation and she says that the sellers' solicitor has replied that the current owner purchased the property in same condition (or in other words, the owner, who lives in another city, is not aware of such thing or do not bother going into these details!). Now if I press for resolving this matter before the completion of contract, then the owner may backout and refuse to sell the property which means I will lose valuation, solcitor, and other fees unnecessarily.

If I decide to complete the transaction as it is then I will have to deal with this matter myself.

The question is how easy it is to put the neighnour's fence back to where it should be (between the two houses, as shown in the land registery survey)? and what procedure should I follow? The fence is visibly at a wrong place.

Any suggestion as to how to pursue this matter will be appreciated.

Regards.
msu
 
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Postby despair » Fri Apr 01, 2005 6:08 pm

Your best bet is to call on the next door property and very gently talk to them about it .......tread very warily

You may find they are amenable or you may find they are NFH .........in which case you will be best advised to back away

whatever you do be sure to add Legal Expenses cover to your buildings/house insurance policy then if in the future you experience problems of any kind you are covered
despair
 
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Postby msu » Sat Apr 02, 2005 10:36 am

I understand that the front garden actually belong to City Council and under sale agreement (being ex-council property) new owners are not allowed to change fence boundary etc.

How about applying to City Council for correcting this problem fence boundary problem? This may actually create extra problem for the neighbour who (I think!) has unlawfully converted (without planning permission) the front garden to cemented parking place and I do not want to create any problem for him.

Regards.
msu
 
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Joined: Fri Apr 01, 2005 5:41 pm

Postby msu » Fri Apr 15, 2005 2:25 pm

Lately I have seen the deed in which it is mentioned that the fence I referred in my earlier post is actually responsibility of the house I am going to buy. Although it appears to me that the fence (both in front and rear of the house) were built by the neighbours. Now if a neighbour build a fence which the other party is suppose to be maintaining then whose fence that will be? Shall I have right to move the fence to the correct position despite of the fact that it might be built by the neighbours? And shall the neighbour have right to remove the only fence (in the back) that he might have built wrongly?

What is the time limit after which occupation by incursion is considered legal?

Regards.

msu wrote:I understand that the front garden actually belong to City Council and under sale agreement (being ex-council property) new owners are not allowed to change fence boundary etc.

How about applying to City Council for correcting this problem fence boundary problem? This may actually create extra problem for the neighbour who (I think!) has unlawfully converted (without planning permission) the front garden to cemented parking place and I do not want to create any problem for him.

Regards.
msu
 
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Joined: Fri Apr 01, 2005 5:41 pm

Postby despair » Fri Apr 15, 2005 5:58 pm

If the fence has been in wrong place for 10 years you are out of luck because they will have gained adverse possesion to the strip of land in question

If its less than 10 years and the deeds are clear on where the boundary is you can move the fence

you still need to very clear as to who paid for the fence
despair
 
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Postby David » Fri Apr 15, 2005 7:43 pm

despair wrote:If the fence has been in wrong place for 10 years you are out of luck because they will have gained adverse possesion to the strip of land in question

If its less than 10 years and the deeds are clear on where the boundary is you can move the fence

you still need to very clear as to who paid for the fence


I know I will be flamed for this but bear in mind...buy an ex council house and chances are you will end up with council tenant's as neigbour's...say no more
Prove me wrong.
David
David
 
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