I want an argument with neighbour but don't know where he is!

[pathman 10]

Been out of the country for a few weeks and on return the house next door has a sold sign up.

 

Thing is that the owner has put a small fence up and nicked some of our land. It was always difficult to get his car in next door so I think he's made it more attractive to sell while our house was empty.

 

I want to make a fuss (wife doesn't) and get it put right, and I'd prefer to do it with the old neighbour rather than the new one. Problem is I don't know where the owner lives, he moved out months ago, I can't trace him and the agents won't tell me.

 

Suggestions? Is it possible to find out who the legal/conveyancer people are? I'd like to resolve this before the sale completes.

[megalithic 10]

Surely if it's on your land you can just remove it ?

[mafya 250]

If its on your land than take it down and explain to the new owner what has happened.

If he starts complaining than tell him he better go and see his solicitor.

[natjack 10]

If you're absolutely 100 per cent certain it's your land, I agree with mega and mafya. Take it down.

 

You can always put it back up again on the correct boundary to avoid any arguments. Present them with a fait accompli

[rossyrooney 12]

If you remove anything of his that encroaches on your property then you should leave whatever it is on his property or you can be accused of stealing it.

[SpikeMac 10]

I'd take it down like the others, but I wouldn't put it up in the correct place. It isn't your fence, so put it back on your neighbour's property. It is up to you how neatly you do this:cool:

[pathman 10]

I'm not in the best of health to be taking fences down at the moment, and I'd rather keep on the moral high ground even if some of you think that is too high.

 

I think it should be incumbent on the current owner to put right what he has done, and not me or the next owner. Furthermore, if the next owner has a large 4x4 or caravan it should be brought to his attention before he completes that he can't park it on his drive.

 

I would like something in writing. I remember reading that property owners had a legal duty to notify buyers of neighbour disputes in a sale. But who, how?

 

This could all be academic, there could be new owners moving in tomorrow.

[Chip 10]

Speak with the estate agent who will have contact details for purchaser and vendor, but likely wont give them to you. Ask them to pass a message on that you notice a fence has been erected on the incorrect boundary line and intend to raise a boundary dispute.

 

I understand that any disputes as such need to be brought to any purchasers attention (the forum resident expert will hopefully confirm) so it may give you the leverage to get it resolved.

 

Good luck

[Gleadly 11]

Check with your deeds to see if the boundary is in the correct place.

 

Draw up a letter and ask the EA to send it to the vendor's solicitor.

 

I've got a similar problem elsewhere but can't be bothered at the moment to sort it out.

 

I'm not sure if you could inform the deeds office of a potential boundary dispute.

They may be able to put a note on their file which the vendor's solicitor should see.

[ricgem2002 11]

get a friend/relative to put an interest in buying the house the estate agency should then supply the details of the owner then bingo you got them

[Jeffrey Shaw 90]

Check with your deeds to see if the boundary is in the correct place.

 

Draw up a letter and ask the EA to send it to the vendor's solicitor.

 

I've got a similar problem elsewhere but can't be bothered at the moment to sort it out.

 

I'm not sure if you could inform the deeds office of a potential boundary dispute.

They may be able to put a note on their file which the vendor's solicitor should see.

Be very careful before plunging in. Your solicitor should check your title deeds or HMLR entries.

Note that the title plan does NOT show accurate boundaries- the 'general boundaries' rule applies.

 

---------- Post added 21-09-2013 at 23:20 ----------

 

Problem is I don't know where the owner lives, he moved out months ago, I can't trace him.

You can. HMLR can provide not only the current title entries but also 'Historic Entries'.

[RWM1967 10]

I would suggest you put it in writing to the estate agent, and specifically advise them to ensure that the owner and all potential purchasers are made aware of the dispute. Send it by recorded delivery, and keep a copy for your records.

 

You can also obtain details of the owner from the Land Registry for a small charge (about £3 last time I looked), but of course it may not give an alternative address for them. It's quite easy to do, but if you don't want to do this yourself there are several people on the "People per Hour" website that offer to do this for a fixed fee of £10.