Admitting problems when selling a house
Discussion
e.g. Sections 13/14 http://www.peterbrown-solicitors.com/pdf/sellers.p...
Thanks, I thought there might have been something.
So if my neighbour has a side gate which opens onto my driveway which they are not allowed to use (as it was put in without permission and they have no right of access across my property) then they should tell the solicitor about it before the sale goes through ?
So if my neighbour has a side gate which opens onto my driveway which they are not allowed to use (as it was put in without permission and they have no right of access across my property) then they should tell the solicitor about it before the sale goes through ?
Bill said:
SimonV8ster said:
Thanks Mr Grim Nasty 
looks like they might have to admit something !!
They're selling? It might be worth mentioning it to the estate agent if you wanted to looks like they might have to admit something !!
Problem is - I want him to go but don't want hassle with a new neighbour who might not understand the situation until I go through it all again.
Assuming that the gate appeared less than 20 years ago:-
Letter to Neighbour's Agents said:
Dear Mr Agent,
Re [insert address]
Whilst I have absolutely no concerns in relation to the sale of our neighbour’s property and do not wish in any way to cause the proposed purchaser concern I feel that it should be made clear to the proposed purchasers legal advisors that there in no legal Right of Way from [insert address of neighbours property] over [insert address of your property].
I feel the need to ensure that this is drawn to the proposed purchaser’s attention as unfortunately our neighbours inserted a gateway in the fence between our two properties in [insert month and year] and despite our requests to do so has yet to have the opportunity to remove this.
We hope that the sale progresses with all reasonable haste and look forward to welcoming our new neighbours in due course.
Yours,
Simonv8ster
CC - Neighbour
If the gate has been there more than 20 years it becomes a lot more FUBAR.Re [insert address]
Whilst I have absolutely no concerns in relation to the sale of our neighbour’s property and do not wish in any way to cause the proposed purchaser concern I feel that it should be made clear to the proposed purchasers legal advisors that there in no legal Right of Way from [insert address of neighbours property] over [insert address of your property].
I feel the need to ensure that this is drawn to the proposed purchaser’s attention as unfortunately our neighbours inserted a gateway in the fence between our two properties in [insert month and year] and despite our requests to do so has yet to have the opportunity to remove this.
We hope that the sale progresses with all reasonable haste and look forward to welcoming our new neighbours in due course.
Yours,
Simonv8ster
CC - Neighbour
Simpo Two said:
Though a dipute with neighbours might just be a personality clash...
No.It might be and the facts will out it as such, but don't ever ignore something like this.
You must disclose anything like this or else you leave the door open. disclose EVERYTHING to your legal advisor and they will tell you what to put in and how if any good because sure as hell the one thing you forget will be the one that bites you on the arse.
Edited by Rude-boy on Friday 28th January 16:58
Three concerns:
Firstly your correspondents are quite right the law now requires full disclosure by the vendor although providing you have been honest, caveat emptor will still apply to misunderstood matters. YOU MUST BE open and upfront. You do not need to be very detailed in your warnings just clear and reasonable
Secondly I would not allow the gate to remain. There is a downside risk in this.
I would NOT allow the neighbour to avoid his duty. There is nothing stopping you fixing the gate from your side so that it cannot be opened. If your new neighbour tries to use it he will have to come and see you and you can the advise him of the lack of any right of access. The presence of a gate in the fence unfixed over time may well muddy the waters and cause the mistaken impression that there may be common usage. Common usage in time may mean property rights over your land. Avoid it.
Thirdly for my amusement I always used to recommend boundary disputes to a particularly unpleasant solicitor recommending the complainant to insist on his personal attention. These cases are woefully long winded and invariably fruitless and a really good way to piss professionals off which was of course exactly my aim.
Firstly your correspondents are quite right the law now requires full disclosure by the vendor although providing you have been honest, caveat emptor will still apply to misunderstood matters. YOU MUST BE open and upfront. You do not need to be very detailed in your warnings just clear and reasonable
Secondly I would not allow the gate to remain. There is a downside risk in this.
I would NOT allow the neighbour to avoid his duty. There is nothing stopping you fixing the gate from your side so that it cannot be opened. If your new neighbour tries to use it he will have to come and see you and you can the advise him of the lack of any right of access. The presence of a gate in the fence unfixed over time may well muddy the waters and cause the mistaken impression that there may be common usage. Common usage in time may mean property rights over your land. Avoid it.
Thirdly for my amusement I always used to recommend boundary disputes to a particularly unpleasant solicitor recommending the complainant to insist on his personal attention. These cases are woefully long winded and invariably fruitless and a really good way to piss professionals off which was of course exactly my aim.
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