Buying a house - new shared driveway, no boundary line

NoRegretsCoyote said:
I have relatives selling a rural one-off who have still not signed contracts on a house that went sale agreed six months ago.

Buyer's lender raised issue about boundaries that needed an architect's report, then a planning issue related to a misplaced septic tank from the 1980s. They need confirmation from CC that enforcement action was never taken.

All of these issues were present when relatives bought in 1990s but lenders seemed less bothered then. Am not sure if criteria are stricter now but it's worth bearing in mind.

@MandyD - it's not impossible that your own lender might raise the boundary issue before drawdown.
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Six months is a long time! I hope your relatives see the contracts signed soon and can move on. Who is the lender, if it's not confidential?
 
newirishman said:
Nothing should stop you from putting up a physical barrier though once you own the place.
As long as the boundary is clear and not disputed, and not getting the impression that there is an issue.
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It makes sense. It could be done now - which would delay the purchase - or later.
 
newirishman said:
Nothing should stop you from putting up a physical barrier though once you own the place.
As long as the boundary is clear and not disputed, and not getting the impression that there is an issue.
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There have been several posts on this forum to the effect that changes to boundaries require the consent of all parties.

If the neighbour has already removed what was a minor physical barrier (the kerb), it’s unlikely they would consent to the installation of a more physically significant barrier, such as a wall or fence.

I take the view that high walls make for good neighbours and that sharing arrangements with people you don’t know are risky.

Practically however, it may not suit either party to have a physical barrier that would only inhibit each other’s access (for example, would there be enough space to open a car door?)

It might be that occasional “trespass” onto each other’s side of the driveway is an acceptable compromise, as long of course as it’s not abused or unreasonably relied upon.
 
There are no walls or fences to the front of the houses in the area, kerbs and planters are the closest to physical barriers. A planning permission would be required for a wall or a fence, and a very good reason for wanting to be 'out of character' with the area. I think @Salvadore that we can live with the situation you have described in the last paragraph - the occasional 'trespass' - as the driveway between the original kerbs was indeed very narrow and the kerb a tripping hazard for both households.
 
newirishman said:
Nothing should stop you from putting up a physical barrier though once you own the place.
As long as the boundary is clear and not disputed, and not getting the impression that there is an issue.
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It is permitted to erect a fence or wall up to 1.4m in height under exempted development with some caveats, but you would need the other parties permission to do so along the boundary. If they did not grant such permission, the wall and all foundations would need to be entirely on your own property which might make not work in smaller spaces.
 
It's all going to depend on what the neighbours are like. At best, you do need to legally resolve the issue so it is not a problem if/when you sell and your neighbour is decent, raises no objection to you putting a divide in (if needed) and to whatever needs to be done legally. At worst, (and I'm unclear who put the kerb in place in the first place) they become very awkard and object to everything you do.

Personally, I'd be inclined to walk away or at least, ask the vendor to knock 5 or 10k off the asking price to cover your legal costs to resolve the issue if they are not going to do so. I've been through boundary disputes in the past and they are a right pain.
 
Leo said:
It is permitted to erect a fence or wall up to 1.4m in height under exempted development with some caveats, but you would need the other parties permission to do so along the boundary. If they did not grant such permission, the wall and all foundations would need to be entirely on your own property which might make not work in smaller spaces.
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I didn't know it! Thank you @Leo .
 
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Peanuts20 said:
It's all going to depend on what the neighbours are like. At best, you do need to legally resolve the issue so it is not a problem if/when you sell and your neighbour is decent, raises no objection to you putting a divide in (if needed) and to whatever needs to be done legally. At worst, (and I'm unclear who put the kerb in place in the first place) they become very awkard and object to everything you do.

Personally, I'd be inclined to walk away or at least, ask the vendor to knock 5 or 10k off the asking price to cover your legal costs to resolve the issue if they are not going to do so. I've been through boundary disputes in the past and they are a right pain.
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We'll hear what our solicitor has to say. But we do like everything else about this property, so we would be reluctant to miss out on it.
 
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