Selling

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Animal
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Selling

Post by Animal » Thu Feb 15, 2018 5:58 pm

My wonderful neighbour accused us in writing that we built an extension 2 inchs over his boundary. However he told us this 4 years later. He asked us to knock it down and threatened us with court. He then removed a large section of fence and built it over our boundary wall to make a point... However his house has now gone up for sale! Do we tell the new buyers about the issues he has raised? Do we put up a sign to alert them? Or do nothing and hope the new buyer restores the fence back in line. Any buyer looking would certainly notice the fence line as its well off line.

We don't believe our extension is on his land. These issues can cost thousands to resolve. Is it fair the new buyer suffers. We don't intend to spend a penny over 2 inched

Any suggestions?

despair
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Re: Selling

Post by despair » Thu Feb 15, 2018 6:27 pm

I would make sure the neighbour and the estate agents are made well aware in writing that the fence has been moved without permision and is not the correct boundary and unless its restored to the original place it was in prior to 4 yrs ago you will consider there to be a formal dispute which must be declared to any purchaser

Animal
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Re: Selling

Post by Animal » Thu Feb 15, 2018 6:46 pm

It was thier fence but they moved one panel in over our wall. It was done by screwing another post behind their existing one. Crazy madness on thier part espically now they are selling!

liveinpeace
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Re: Selling

Post by liveinpeace » Thu Feb 15, 2018 7:15 pm

though i personally am all for a quiet life.i do think its an excellent time to sort it out while you have all the cards.
you could say to him lets tidy up the messy line of the fence so we can put our dispute to bed, and then we do not need to declare it to any interested buyers. that is if they are people who are approachable!

jonahinoz
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Re: Selling

Post by jonahinoz » Fri Feb 16, 2018 8:55 am

My wonderful neighbour accused us in writing that we built an extension 2 inchs over his boundary. However he told us this 4 years later. He asked us to knock it down and threatened us with court. He then removed a large section of fence and built it over our boundary wall to make a point...

Hi Animal,

Two issues, two disputes.

Issue 1. You built your extension four years ago? Or was it more than four years ago, and if so how long ago. Whatever, did your present neighbour watch you build it, but said nothing for four years? I think ESTOPPEL will prevent him from now telling you to knock it down, and has done ever since he should have become aware that you were building on his land ... which may have been as soon as you pegged out the site prior to excavate. Can anybody confirm the bit in bold italics?

How far is he claiming that you have encroached on his land? Centimetres? Metres? If we are talking centimetres, I think he is on a very expensive "hiding to nothing". Probably many tens of thousands of pounds. On the other hand, you never know what a Judge is going to do. If he threatens legal action again, ask if his solicitor has indicated how much he will be gambling? If he says he has legal expenses insurance, ask if his insurers have indicated that they will take on the case?

Point out that he is unlikely to sell his property while there is a current dispute.

Issue 2. Very similar to Issue 1. Your neighbour moved his fence. You have not told us when he moved his fence. Did he move it very recently? Did you watch him move it? If he moved if while you were away from home, when did you notice that it had been moved? If you became aware of the fence being moved, and did not immediately demand that it be moved back to it's original position, I suspect that ESTOPPEL will prevent you demanding it now.

So you both have a dispute, but you neighbour now has to declare two disputes. In order to remove the disputes, your neighbour can choose to lift his dispute voluntarilly, and persuade you to either lift your dispute voluntarilly OR move his fence back to it's original position. That sounds like a no-brainer to me. But your neighbour may be handicapped by having a brain. :roll:

You, of course, are not wishing to sell your house, so not your problem.

John W

Animal
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Re: Selling

Post by Animal » Fri Feb 16, 2018 5:01 pm

In 2014 he asked us to remove a barge board joist as it would make refelting his roof awkward. We complied. He was invited around during the build and we spoke regularly.
In 2017 were put in planning. He objected but it was passed. We started work and received a threat of court action over trespass. He then told us the extension built in 2014 was 2 inches the boundary line. Later on he removed one section of his fence to watch the builders.
In Nov he put it back up whilst we were away. It was all captured on video. However he built the fence over our garden wall which has been on place for 40 years. We caught him on camera hanging into our garden to erect it.
We wrote to him telling him to restore it as he had actually drilled his fence post into our wall. He had nothing to put a fence post into. He wrote back ignoring the fact he drilled into our wall. He said the fence was now in the correct position and he wouldn't tolerate any more boundary trespass from us!

Roll on to now and the house is on the market.

liveinpeace
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Re: Selling

Post by liveinpeace » Fri Feb 16, 2018 5:33 pm

i am so so envious, i dream of a for sale sign going up next door, i bet you did a little dance the day it went up. he sounds like a right piece of work. I can see why you have a dilemma on what to do.

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