Pending House Sale Trouble with Neighbours
May 25th 2005, 8:04 am
#16
Rocket Scientist
Joined: Aug 2003
Location: Dreamland AKA Brisbane which is a different country to the UK
Posts: 6,911
Re: Pending House Sale Trouble with Neighbours
Originally Posted by Fed Up Waiting
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!
May 25th 2005, 9:03 am
#17
BE Enthusiast
Joined: Feb 2005
Posts: 532
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.
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.
Its clear to me that you have to disclose it - at the very least to the lawyer who advises you on the sale (and in writing) - if he then decides not to tell the purchaser then its his problem. Putting yourself in the shoes of any potential buyer I would be extremely miffed if I bought a house without having been informed of a such a problem - but with all the facts at hand so that i could make a proper evaluation.
May 25th 2005, 10:43 am
#18
BE Forum Addict
Joined: Nov 2004
Posts: 2,584
Re: Pending House Sale Trouble with Neighbours
Originally Posted by MartinH
I would say that from your interpretation of the law you have never been in court!
The trouble is if you disclose even the slightest thing you will delay the house sale or even worse the buyers will pull out. I would hesitate to discuss it with the lawyer as he also has to sign the form to confirm it is correct and he will tell you to disclose it.
Bring back the good old days of buyer beware!
May 25th 2005, 12:21 pm
#19
Cheesy Member
Joined: Jul 2003
Location: Brisbane
Posts: 1,033
Re: Pending House Sale Trouble with Neighbours
You should disclose it, even if it does cause you grief - otherwise it may come back to bite you on the bum.
When we were selling my house in the UK I was in the middle of a long dispute with my evil bitch neighbour from hell, who was trying to take me to court over a collapsed garden wall. Even though the dispute was with me only - nothing that could be carried on to the next owners as the problem had all been fixed up - my neighbour still made a point of telling every prospective buyer that there was a dispute and they would be liable for thousands of pounds of expenses if they bought it. She successfull lost me 3 or 4 sales and even when I did sell, the buyer dropped the price by 5,000 at the last minute "because of the inconvenience of being pestered by my neighbour". Happily, after about three years of dispute, she ended up settling out of court with my insurers.
Maybe one option for the OP is to get their solicitor to write to the git neighbours and get them to sign something that states that the previous misunderstandings are now resolved and the right of way is there. If they will not, the solicitor could point out that you will have to reduce your price and you will have to consider taking them to court for loss of use, loss of value etc. etc. That might work.
Cheers,
DagBoy
Standard disclaimer - none of this is legal advice yadda yadda, pay a solicitor for real advice, yadda yadda.
When we were selling my house in the UK I was in the middle of a long dispute with my evil bitch neighbour from hell, who was trying to take me to court over a collapsed garden wall. Even though the dispute was with me only - nothing that could be carried on to the next owners as the problem had all been fixed up - my neighbour still made a point of telling every prospective buyer that there was a dispute and they would be liable for thousands of pounds of expenses if they bought it. She successfull lost me 3 or 4 sales and even when I did sell, the buyer dropped the price by 5,000 at the last minute "because of the inconvenience of being pestered by my neighbour". Happily, after about three years of dispute, she ended up settling out of court with my insurers.
Maybe one option for the OP is to get their solicitor to write to the git neighbours and get them to sign something that states that the previous misunderstandings are now resolved and the right of way is there. If they will not, the solicitor could point out that you will have to reduce your price and you will have to consider taking them to court for loss of use, loss of value etc. etc. That might work.
Cheers,
DagBoy
Standard disclaimer - none of this is legal advice yadda yadda, pay a solicitor for real advice, yadda yadda.
May 25th 2005, 12:33 pm
#20
Lost in BE Cyberspace
Joined: May 2004
Location: Birkdale QLD
Posts: 7,642
Re: Pending House Sale Trouble with Neighbours
Originally Posted by ABCDiamond
Yes, you can get Indemnity Insurance 
We had to get it ourselves, before we sold, due to a right of access that our neighbours had ! From memory it cost about £200-300
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.
We had to get it ourselves, before we sold, due to a right of access that our neighbours had ! From memory it cost about £200-300Our 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.
So needed indemnity insurance to cover my ass in case this woman ever comes out of the woodwork and claims half the house! The insurance seems fairly cast iron, and doesn't affect the price of your house if you've got it covered by insurance. And the insurance is dirt cheap too, I mean your talking selling your house for 25% less than whats its worth which is probably 10s of thousands, why not fork out on at most 1000 for indemnity.
As Dagboy says, this is in no way legal advi
Ask your solicitor!
JTL
May 25th 2005, 8:58 pm
#21
Forum Regular
Thread Starter
Joined: Mar 2005
Posts: 31
Re: Pending House Sale Trouble with Neighbours
Originally Posted by MrsDagboy
Ever heard of www.google.com Fed Up?
LOL
Why search yourself when there is an Expert around like ABC i always end up finding totaly the wrong stuff on gogles even if i use quote marks in my searches.
I would like to thank everyone for there replies. I still dont know what to do but i think a chat with a Property lawyer could be in order might be quite nice to sue there botoms for loss of use
May 25th 2005, 10:46 pm
#22
A horse walks into a bar.
Joined: Oct 2004
Location: Surrey
Posts: 581
Re: Pending House Sale Trouble with Neighbours
[QUOTE=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.
ANY neighbourhood dispute needs to be declared, otherwise you land yourself in the shite, especially if your nasty neighbour declares that you knew what was going on to the people who bought your house.
Dont risk it, declare it and take advice from people who will end up making money out of this mess. Bloody solicitors!
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.
ANY neighbourhood dispute needs to be declared, otherwise you land yourself in the shite, especially if your nasty neighbour declares that you knew what was going on to the people who bought your house.
Dont risk it, declare it and take advice from people who will end up making money out of this mess. Bloody solicitors!
May 25th 2005, 11:33 pm
#23
Lost in BE Cyberspace
Joined: Mar 2003
Posts: 9,397
Re: Pending House Sale Trouble with Neighbours
I certainly feel for you!
We had a similar but much milder problem: just before we moved to Oz and while we were away for the winter, a neighbour took it into himself to move a boundary a couple of feet into my land, cutting down several of "my" trees at the same time. Not a word to me, though he knew where we were.
Cut a long story short, he maintained it was always his land: I said it was mine.
We both produced our deeds - and it was registered to us both! Of course, the land registry were not going to admit they'd made a booboo. My solicitor was first class )(now there's a first!) and advised that we just accepted his version, changed the eeds, tell the buyer and cut our losses. In the end it didn't delay us at all.
The only reason I'm recounting this is to say that the first priority is to sell, and use the visa. What's happened in the past is gone. Unfortunately there are many folk around with no social concience whatsoever and they often end up getting their own way.
Good luck!
We had a similar but much milder problem: just before we moved to Oz and while we were away for the winter, a neighbour took it into himself to move a boundary a couple of feet into my land, cutting down several of "my" trees at the same time. Not a word to me, though he knew where we were.
Cut a long story short, he maintained it was always his land: I said it was mine.
We both produced our deeds - and it was registered to us both! Of course, the land registry were not going to admit they'd made a booboo. My solicitor was first class )(now there's a first!) and advised that we just accepted his version, changed the eeds, tell the buyer and cut our losses. In the end it didn't delay us at all.
The only reason I'm recounting this is to say that the first priority is to sell, and use the visa. What's happened in the past is gone. Unfortunately there are many folk around with no social concience whatsoever and they often end up getting their own way.
Good luck!
May 26th 2005, 7:40 am
#24
Forum Regular
Thread Starter
Joined: Mar 2005
Posts: 31
Re: Pending House Sale Trouble with Neighbours
Originally Posted by Rog Williams
What's happened in the past is gone. Unfortunately there are many folk around with no social concience whatsoever and they often end up getting their own way.
Good luck!
Thanks Rog for your experience what is totally amazing me is the fact that so many have had problems with neighbours!
We were not told of the ongoing dispute form the previous owners of our house, but we are not the type to go and sue etc.
We have (we hope) an offer coming back from A Quick Sale today.
Should be good for a laugh to see what we will "loose". I will take my socks off later to count on my toes and work out the percentage loss we will take a hit for.
I don't mind declaring a "dispute" with the sharks because they don't care as when they sell on in theory they will not have any dispute with neighbours?!
I/we just don't want some poor unfortunate to end up in the same mess we have had.
May 26th 2005, 12:11 pm
#25
Lost in BE Cyberspace
Joined: Mar 2003
Posts: 9,397
Re: Pending House Sale Trouble with Neighbours
Let's hope it comes out in the wash anyway, even if it does leave a nasty taste.
(You could always post him a boxful of really nasty Australian snakes [are there any other kind?] when you get established here. We won't miss them!)
(You could always post him a boxful of really nasty Australian snakes [are there any other kind?] when you get established here. We won't miss them!)
May 26th 2005, 12:16 pm
#26
Karma earned, not whored
Joined: Apr 2004
Location: Perth
Posts: 1,001
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
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
