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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32939
Experience:  award winning lawyer with over 15 years experience
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Just pondering on this one - we are nearing exchange on a

Customer Question

just pondering on this one -
we are nearing exchange on a house purchase on a house that has been empty for 6 months. About a year ago the neighbour on one side asked the vendor if he could temporarily move the boundary fencing over some 4-6 feet to accommodate parking of a horse box. This week he has cleared ground and bushes and commenced construction (without planning) of what appears to be a double garage with the footings at least 1 foot over the boundary.
Aside from planning matters where does this leave us - we have yet to exchange and the vendor seems indifferent.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas Judge replied 1 year ago.

I would suggest that this is a matter of urgency which needs to be resolved prior to exchange of contract. You solicitor should be looking at an indemnity from the sellers to cover any expenses with regard to this issue going contentious. You really want your land back in your 'ownership' prior to exchange. Happy to discuss. Please rate positively - thanks

Customer: replied 1 year ago.
If (as I suspect) the vendor is unwilling to enter into an indemnity to do so, what other options are available if any? The town planners are aware but that will take months to resolve and they have no regard to boundaries only the development.
Expert:  Thomas Judge replied 1 year ago.

It is not something which is of real interest to the town planners - its not within their jurisdiction. It is about your land. I would not exchange without this being resolved with the seller. You could get an undertaking from the neighbour confirming that they will leave your land after a certain date. Please rate positively for answering the original question - thanks

Expert:  Thomas Judge replied 1 year ago.

Please remember to rate positively - thanks

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