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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The estate agent and the vendor asked the neighbour to move

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The estate agent and the vendor asked the neighbour to move over onto her land,4 fence panels of a boundary that did not reflect the land registry documents . This was done with her agreement, prior to our agreement to buy and sign the contract but after we had purchased the neighbour accused us of trespass and demanded we move the fence back from its new position to the disputed position.
We have a boundary surveyor due next week but who is guilty here and of what?
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

When you say who is at fault do you mean the neighbour or the agent please?

Customer: We have been accused of trespass but are we guilty of trespass when the fence was moved by the vendor or his agent with the agreement of the neighbour
Alex Watts :

Who actually owns that bit of land?

Customer: When we bought the property it was on our side of the boundary fence which had been moved onto the neighbours land however the problem is that the land that was in the neighbours garden before the fence was moved does not reflect the position or angle of the boundary on the land registration. The property was built in 1984,
Alex Watts :

Ok - so is it their land?

Customer: We bought it but she disputes it . We have an expert coming to the properties on 7th October to tell us where the boundary lies but if it turns out that the boundary is now wrong and we are guilty of trespass because we now own the disputed boundary. Who do we sue and for what?
Alex Watts :

Ok - You do need a surveyor who should give you an expert report.

Alex Watts :

The expert report should indicate where the boundary is and also whether it is true.

Alex Watts :

If it is not then sadly you have to move it. If you do not the neighbour could take you to Court and seek a declaration as to the true boundary

Alex Watts :

But if the expert report is on your side then of course you do not need to do anything, you can simply rely on it

Alex Watts :

So the surveyor report is absolute key

Alex Watts :

Its not a criminal offence here it is a civil dispute between the parties

Alex Watts :

But you want to avoid Court where possible

Alex Watts :

I would suggest using mediation instead if there is any form of dispute

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thank you for confirming what we expected
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Still waiting for the surveyor to send us his reort