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Pending House Sale Trouble with Neighbours
Hello,
I don't post on here very much, (do alot of reading though) except when i need to pick some brains that are far more intelligent than mine. With much more life experience too We have our visas now after a very long long wait and a long long story. We are going to sell our house in the UK, does anybody know if past trouble with neighbours needs to be disclosed to potential buyers if the problem was eight years ago? We have a legal right of way over the neighbours land to which they took exception to us using, and to make matters worse they were trying to stop us accessing our property with our vehicles via the council via an unofficial entrance. Basically we would have ended up with a property we could not have accessed. I state now i am not the type to provoke people but i figured i needed to use our right of way or we would be completely stuffed. It ended up with me going to Hospital after being assaulted by them laying in wait for me whilst using our access. I ended up in court for my own assault to be bound over????!!!. Luckily my solicitor got the case thrown out before the hearing, but obviously all parties were not brought to book. Since this escapade it has been peace and tranquility here although i have never been "settled and relaxed" thus one of the reasons for migrating. We are considering using a property vulture to buy the place quickly and then obviously we wont have anyone knocking on our dream home in Australia to tell us we are being sued to buy back our property. I read / heard somewhere that you can buy indemnity insurance to cover this eventuality is this true? has anyone done it? and where do you get it? Any advice would be appreciated good or bad i now have broad and chipped shoulders. Many Thanks worried of Dagenham |
Re: Pending House Sale Trouble with Neighbours
Tough call. Feel sorry fo you. Had some trouble with access some years ago, and when we sold our fisrt house, we had to declare it. As we had resolved the matter legally, there was no issue for the buyer. When u sell the house, the forms from your solicitor, will ask if there has been any trouble with your neighbours, and its not age related. Your particular case, was never resolved, which may put buyers off. talk to your solicitor about getting the legal side sorted, as your neighbours must also like this resolved by now. I wish you the best of luck with this.
chris |
Re: Pending House Sale Trouble with Neighbours
Originally Posted by Fed Up Waiting
Hello,
I don't post on here very much, (do alot of reading though) except when i need to pick some brains that are far more intelligent than mine. With much more life experience too We have our visas now after a very long long wait and a long long story. We are going to sell our house in the UK, does anybody know if past trouble with neighbours needs to be disclosed to potential buyers if the problem was eight years ago? We have a legal right of way over the neighbours land to which they took exception to us using, and to make matters worse they were trying to stop us accessing our property with our vehicles via the council via an unofficial entrance. Basically we would have ended up with a property we could not have accessed. I state now i am not the type to provoke people but i figured i needed to use our right of way or we would be completely stuffed. It ended up with me going to Hospital after being assaulted by them laying in wait for me whilst using our access. I ended up in court for my own assault to be bound over????!!!. Luckily my solicitor got the case thrown out before the hearing, but obviously all parties were not brought to book. Since this escapade it has been peace and tranquility here although i have never been "settled and relaxed" thus one of the reasons for migrating. We are considering using a property vulture to buy the place quickly and then obviously we wont have anyone knocking on our dream home in Australia to tell us we are being sued to buy back our property. I read / heard somewhere that you can buy indemnity insurance to cover this eventuality is this true? has anyone done it? and where do you get it? Any advice would be appreciated good or bad i now have broad and chipped shoulders. Many Thanks worried of Dagenham About declaring the problem to potential buyers, I remember when we sold our last house we had to fill in a form declaring various things and neighbour disputes was certainly one of them - but I can't remember if there was a time frame with it... Sorry I can't be more helpful. |
Re: Pending House Sale Trouble with Neighbours
Originally Posted by chr1sarter
Tough call. Feel sorry fo you. Had some trouble with access some years ago, and when we sold our fisrt house, we had to declare it. As we had resolved the matter legally, there was no issue for the buyer. When u sell the house, the forms from your solicitor, will ask if there has been any trouble with your neighbours, and its not age related. Your particular case, was never resolved, which may put buyers off. talk to your solicitor about getting the legal side sorted, as your neighbours must also like this resolved by now. I wish you the best of luck with this.
chris We did try before the incident, we offered to buy the land as it is not much to them. We have learnt that the previous occupants of our property were driven out by them for the same reasons. We should have sued but never did could not find them for a start plus we had a five week old so life had changed and i had to try and make the best of it for her. We have great other neighbours and will sadly miss them, they to have the identical problem, but don't want to settle it as they don't want to make waves. They didn't want to know the first time around for a start i spent about £5k in solicitor fees, i mentioned it the other day and they made it clear please don't involve us for the kids sake. I would still guess the "neighbour" would take great delight in telling us where to stick any settlement as they have no intention of moving. Sounds like the vultures to me 25% less than market value 15% at best. |
Re: Pending House Sale Trouble with Neighbours
Originally Posted by Fed Up Waiting
Hello Chris
We did try before the incident, we offered to buy the land as it is not much to them. We have learnt that the previous occupants of our property were driven out by them for the same reasons. We should have sued but never did could not find them for a start plus we had a five week old so life had changed and i had to try and make the best of it for her. We have great other neighbours and will sadly miss them, they to have the identical problem, but don't want to settle it as they don't want to make waves. They didn't want to know the first time around for a start i spent about £5k in solicitor fees, i mentioned it the other day and they made it clear please don't involve us for the kids sake. I would still guess the "neighbour" would take great delight in telling us where to stick any settlement as they have no intention of moving. Sounds like the vultures to me 25% less than market value 15% at best. |
Re: Pending House Sale Trouble with Neighbours
Originally Posted by Fed Up Waiting
Hello,
I don't post on here very much, (do alot of reading though) except when i need to pick some brains that are far more intelligent than mine. With much more life experience too We have our visas now after a very long long wait and a long long story. We are going to sell our house in the UK, does anybody know if past trouble with neighbours needs to be disclosed to potential buyers if the problem was eight years ago? We have a legal right of way over the neighbours land to which they took exception to us using, and to make matters worse they were trying to stop us accessing our property with our vehicles via the council via an unofficial entrance. Basically we would have ended up with a property we could not have accessed. I state now i am not the type to provoke people but i figured i needed to use our right of way or we would be completely stuffed. It ended up with me going to Hospital after being assaulted by them laying in wait for me whilst using our access. I ended up in court for my own assault to be bound over????!!!. Luckily my solicitor got the case thrown out before the hearing, but obviously all parties were not brought to book. Since this escapade it has been peace and tranquility here although i have never been "settled and relaxed" thus one of the reasons for migrating. We are considering using a property vulture to buy the place quickly and then obviously we wont have anyone knocking on our dream home in Australia to tell us we are being sued to buy back our property. I read / heard somewhere that you can buy indemnity insurance to cover this eventuality is this true? has anyone done it? and where do you get it? Any advice would be appreciated good or bad i now have broad and chipped shoulders. Many Thanks worried of Dagenham Sorry to hear you have had such a bad time of it, you really do need specialist legal advice as property rights are a nightmare. How do you know you have 'a legal right of way' were you told this by the previous owners or is there a deed? the answer to this is your starting point as depending on how the 'right' was made and whether it is legal or equitable effects the action you can take to enforce it, and whether or not indemnity insurance would be effective. Your solicitor should have pointed all this out at the time of purchase but I suppose you already know that!! Rather than sell at a 25% loss get some good legal advise, before booking an appointment make sure you are going to see a solicitor not a consultant or a trainee (who sometimes do 1st client interviews) and make sure they are specialists in property law. This way you dont pay for wasted time. Hope that helps George x |
Re: Pending House Sale Trouble with Neighbours
Originally Posted by noregrets
Sorry to hear you have had such a bad time of it, you really do need specialist legal advice as property rights are a nightmare.
How do you know you have 'a legal right of way' were you told this by the previous owners or is there a deed? the answer to this is your starting point as depending on how the 'right' was made and whether it is legal or equitable effects the action you can take to enforce it, and whether or not indemnity insurance would be effective. Your solicitor should have pointed all this out at the time of purchase but I suppose you already know that!! Rather than sell at a 25% loss get some good legal advise, before booking an appointment make sure you are going to see a solicitor not a consultant or a trainee (who sometimes do 1st client interviews) and make sure they are specialists in property law. This way you dont pay for wasted time. Hope that helps George x Yes the right it is in our title deed of the property and we were made aware of the fact by our solicitor, the fact is the neighbours would rather we used the "other" right of way via a dirt track this is not on our title and to keep the peace we have done this for the 10 years we have "lived" here. In fact we can bring vehicles here via the track along with our neighbour and the authorities are turning a blind eye to it. three other properties can and do access there property via the track and have never been stopped by the neighbour that has tried to stop us. One rule for one and not another? Its very complicated and i guess its why we have had our heads in the sand for the ten years we have lived here. So off to Google for property law specialists or more quick sale guys who don't seem to mind neighbour disputes, i knew it would be this difficult. Here we go again! |
Re: Pending House Sale Trouble with Neighbours
Originally Posted by Fed Up Waiting
Thanks George,
Yes the right it is in our title deed of the property and we were made aware of the fact by our solicitor, the fact is the neighbours would rather we used the "other" right of way via a dirt track this is not on our title and to keep the peace we have done this for the 10 years we have "lived" here. In fact we can bring vehicles here via the track along with our neighbour and the authorities are turning a blind eye to it. three other properties can and do access there property via the track and have never been stopped by the neighbour that has tried to stop us. One rule for one and not another? Its very complicated and i guess its why we have had our heads in the sand for the ten years we have lived here. So off to Google for property law specialists or more quick sale guys who don't seem to mind neighbour disputes, i knew it would be this difficult. Here we go again! if the right has been created by deed you can enforce it, and as long as you can show that you have suffered a loss due to the breach of this right you may well be able to claim damages too. So it may be possible to sell to a vulture and sue the neighbour for the loss - happy days - oh and dont for get to send them a post card when its all behind you and your in oz! George |
Re: Pending House Sale Trouble with Neighbours
What a nightmare. I can offer no advise on this one but they sound like a bunch of thugs. When your house goes on the market sell it to people who seem like 'the neighbours from hell' that'll teach them. Sending you some karma
Be strong Hilary |
Re: Pending House Sale Trouble with Neighbours
Originally Posted by noregrets
oh and dont for get to send them a post card when its all behind you and your in oz!
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Re: Pending House Sale Trouble with Neighbours
Blimey what a nightmare!!
We had a week before contracts were due to be signed, flights and shippers booked. I thought when our neigbour (who we also shared access with)got busted and had a dawn raid with 8 coppers for her hyroponic set up in her spare room was bad.......... :eek: |
Re: Pending House Sale Trouble with Neighbours
Section 2 of the Property Information Form deals with this.
2.1 Do you know of any disputes or anything which might lead to a dispute about this or any neighboring property? Well, if you say that things have been "peace and tranquility" since your first escapade I would assume that there is no dispute. How can you know of anything which might lead to a dispute, unless you a fortune teller or clairvoyant. I think you know what to put, NO. 2.2 Have you received any complaints about anything you have. or have not, done as owner? Well, if it's your right of way and they have not written to you to challenge this I can't see you have received a complaint. You had an altercation but was that a complaint, I don't think so. 2.3 Have you made any such complaints to any neighbour about what the neighbour has or has not done? I presume you complained to the police not the neighbour! Good Luck whatever you decide to do. |
Re: Pending House Sale Trouble with Neighbours
Originally Posted by Fed Up Waiting
I read / heard somewhere that you can buy indemnity insurance to cover this eventuality is this true? has anyone done it? and where do you get it?
Our solicitor arranged it. I can't recall the actually company, but Legal & General springs to mind ? Good luck, but you should be OK in the end. |
Re: Pending House Sale Trouble with Neighbours
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Re: Pending House Sale Trouble with Neighbours
Originally Posted by NedKelly
Section 2 of the Property Information Form deals with this.
2.1 Do you know of any disputes or anything which might lead to a dispute about this or any neighboring property? Well, if you say that things have been "peace and tranquility" since your first escapade I would assume that there is no dispute. How can you know of anything which might lead to a dispute, unless you a fortune teller or clairvoyant. I think you know what to put, NO. 2.2 Have you received any complaints about anything you have. or have not, done as owner? Well, if it's your right of way and they have not written to you to challenge this I can't see you have received a complaint. You had an altercation but was that a complaint, I don't think so. 2.3 Have you made any such complaints to any neighbour about what the neighbour has or has not done? I presume you complained to the police not the neighbour! Good Luck whatever you decide to do. Hello Ned Its a really Good site this, especially if you were to have a good look round. We have been wrapped up in the visa application and didnt even think to look at the other forums. Well thats another sleepless night out of the way! So to contact some solicitors this morning and Thanks to ABC Diamond i will try Legal and Genral might be worth a chat and explain worts and all to them. Oh kust seen the link for royal sun. How do you keep all this information in! i have read many of your posts ABC in the past and gleened many a useful snippet THANKS. Oh Ned we WILL be sending Post Cards from Aus but we will make sure there posted well away from our abode! |
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