Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
You wont need to worry about the fact it is sold subject to contract
The seller is going to have to declare to the buyer that there is an ongoing dispute
You need to get a Solicitor to write to the neighbour and ask that the boundary line is re-instated otherwise you will issue Court proceedings
If they refuse then you can issue Court proceeding
You are after a declaration as to where the true boundary is and that the neighbour must reinstate the line
The court will issue a claim and send a copy to the Defendant
If he does not respond the Judge will list for hearing, decide what you have to say and make an Order
If the matter is contested it will be given directions a timetable for trial
The fact the neighbour is selling makes no difference
You could have a Solicitor write a letter and then if that has no effect wait to see what the new owners do
Either way you do not lose the right
Can I clarify anything for you about this today please?
Ok thanks, ***** ***** am trying to avoid paying out huge sums in solicitors fees (no offence) would it be worth me sending her another letter pointing out that by law, she has to declare to the buyer that there is an ongoing dispute, in the hope that she will then sort it out?
Are we able to say to her if she hasn't done it in 7 days then we will, as it's our fence and we can complete the work from our side of the property
You can write to the neighbour but they may ignore it, which is why you may want a Solicitors letter
Yes you can say you can complete the work from your side
Does that clarify matters?