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Declaring disputes with former neighbours when selling

(24 Posts)
Farzanah Wed 03-Jul-24 17:39:42

Surely nobody would want to buy a house with a live neighbour dispute unless they were related perhaps to troublesome neighbour? This, as has been said, can mean a house may be unsaleable. I’ve bought and sold many houses and try to visit the prospective neighbourhood at different times of day, and also engage neighbours, if possible. Not full proof I know.

Germanshepherdsmum Wed 03-Jul-24 15:57:39

I don’t know, never having been a conveyancer, but it would put me off.

LizzieDrip Wed 03-Jul-24 14:17:57

But are people still willing to buy a house where there’s been a declared dispute with a neighbour - particularly a neighbour who still lives there? Those of you who work / worked in house conveyancing might know the answer to this.

I think, if I were a buyer, it would put me off.

Merion Wed 03-Jul-24 12:54:42

I can’t see a full TA6 online to see the wording but my interpretation of the information online about how to complete the form is that you have to declare all disputes past and present.

It’s the nature of the complaint and whether and how it was resolved that is key.

Let’s say there was a boundary dispute or an access dispute or a row over trees and hedges. It may never have been resolved if one party gave up and/or moved but the same dispute could start up again with new occupants.

Declare the dispute but make it clear that the nuisance party has long since moved away. Make it clear that the complaint was resolved in your favour by the council (giving the case reference if you still have it) and say on what basis it was resolved e.g. decibel level of noise, time and duration of noise, no planning permission - whatever it was. By declaring the dispute, you are helping your buyers should another neighbour start a noisy business nearby. There would be a precedent for your buyers to make a complaint that might also succeed.

Germanshepherdsmum Wed 03-Jul-24 12:52:42

Yes welbeck, past and present disputes or anything that might lead to a dispute.

Toetoe, you have to reveal your problems with the neighbours who moved out. Remember they still own the property and might move back in.

Farzanah Wed 03-Jul-24 12:48:27

The problem is that if you are unfortunate to move to a property where the previous owners have mislead you by not declaring disputes on the Sellers Property Information Form your recourse would be to sue them. This will incur expense and I imagine you will have to provide evidence that they knew about the problem. If found in your favour I think a fine would likely be the outcome. Doesn’t really resolve the problem unfortunately, unless the sale is declared invalid. I wonder how often that happens?

welbeck Wed 03-Jul-24 12:25:11

but not with past neighbours who are no longer living there, surely ??

dragonfly46 Wed 03-Jul-24 12:23:10

I too am ambivalent about this. My son had real problems with the neighbours upstairs but the people who moved into his flat got on with them really well.

Germanshepherdsmum Wed 03-Jul-24 12:20:45

You should reveal past and current disputes and anything of which you are aware which might lead to a dispute.

Cillafan Wed 03-Jul-24 11:33:28

Thank you for the replies so far, only applies to current neighbours (who are very pleasant, I might add, but I need somewhere smaller)

LizzieDrip Wed 03-Jul-24 10:01:50

I don’t know Oreo.

If it only relates to a formally made complaint i.e. written and recorded, then I suppose that makes more sense. Still a nightmare for the poor person who’s done nothing wrong though.

Toetoe Wed 03-Jul-24 09:57:20

I had neighbours from hell a young couple who raved and partied 18hrs weekends . I got the council and police involved as it made me unwell . A long 3 Yr nightmare . I was told by estate agent I would need to drop the house price drastically to sell due to the environmental health and police involvement. Although these people had phone calls visits and a letter they ignored them . However after 3 yrs by a miracle they moved out and rented the house to family members. Now if I choose to sell I would not need to tell solicitor .

Oreo Wed 03-Jul-24 09:52:20

Isn’t it any dispute you’ve had with present neighbours that has to be declared on a form?

sassysaysso Wed 03-Jul-24 09:45:53

Doesn't the question relate to formal disputes with neighbours rather than the anto social behaviour of neighbours?

BlueBelle Wed 03-Jul-24 09:41:24

Don’t be mean to Elvis sago
Don’t you have any rules in Aussieland then Nana8?

LizzieDrip Wed 03-Jul-24 09:38:10

I can see the point of this legislation but am somewhat on the fence about it - particularly from the seller’s perspective.

A house that someone has lovingly maintained may be rendered ‘un-sellable’ because of the selfish, unreasonable actions of a neighbour - something over which one has little or no control.

I understand the situation from a purchaser perspective, but do feel sorry for someone who is unable to sell a perfectly good house because they happen to live next door to the neighbour from hell. It must be a nightmare situation!

Sago Wed 03-Jul-24 09:03:08

You only have to declare a dispute with a current neighbour.

nanna8 would you want to buy a house and discover once you were living there your neighbour was a nocturnal psychopath who played Elvis at full blast every night?

We do have some very sensible laws in the UK around property purchase.

J52 Wed 03-Jul-24 08:07:26

nanna8

Why on earth would you and what business is it of anyone else ? Nuts.

Beacause in England it is part of the conveyancing legalities.
Although, as others have said only the current neighbours.

nanna8 Wed 03-Jul-24 07:16:05

Why on earth would you and what business is it of anyone else ? Nuts.

Oopsadaisy1 Wed 03-Jul-24 07:08:24

As any disputes might affect the new owners, it’s just neighbours that are still living near to you now.

Charleygirl5 Tue 02-Jul-24 21:05:34

Definitely only neighbours residing there now.

crazyH Tue 02-Jul-24 20:06:03

Yes, I’m sure it only applies to current neighbours.
Hopefully GSM, will come along and give you the right answer .

BlueBelle Tue 02-Jul-24 19:55:20

Surely it only applies to neighbours who are still living beside you, not from years and years ago

Cillafan Tue 02-Jul-24 19:48:43

Hi, I'm vaguely aware of a rule where if you have a dispute with a neighbour when selling your home, you're supposed to declare it, but does this ruling apply to neighbours who moved 30 years ago (1994) ?, complaint about running noisy business from neighbours home made 1993 (they had no planning permission, it was noisy machinery, the noise gave me a breakdown), Council eventually dealt with it, but it was a hell time, any advice about declarations gratefully received