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Seller's responsibilities

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aneary
aneary Posts: 921 Forumite
in House buying, renting & selling
I am aware I cannot get any money back of the seller but I'm extremely frustrated that I have now found out that there is a right of way dispute going on over my car park space with another freeholder who owns a garage which is accessible from the drive.

Even though various solicitors are involved in the dispute the seller failed to mention this to the estate agents or my solicitors until my solicitor questioned the access.

It is highly likely that the seller is in the right but the owner of the garage is talking about court action via his solicitor so it's no where near resolved.

Firstly in my opinion he shouldn't have put the flat on the market with the dispute going on and secondly he should have mentioned this over a month ago when I put the offer in.
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  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
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    Are you just venting, or are you seeking advice?
  • aneary
    aneary Posts: 921 Forumite
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    More shouldn't a seller disclose this much much earlier on. Not by law but morally.

    There isn't a chain either so it should have been a quicker transaction.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    aneary wrote: »
    More shouldn't a seller disclose this much much earlier on. Not by law but morally.

    There isn't a chain either so it should have been a quicker transaction.



    Morally? No.


    Legally, maybe.


    that said, a dispute is just that. At the minute someone is simply claiming something. It's not been to court, or even had court papers filed.
  • aneary
    aneary Posts: 921 Forumite
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    No but it's going that way, he is going to get his right of way enforced or so he says.

    With this going on the seller isn't really in a position to sell in my opinion. The dispute has been going on for some time and it appears he just wants to pass it on to someone else.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    Did the seller disclose this before exchange of contracts?
  • aneary
    aneary Posts: 921 Forumite
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    We haven't exchanged it's come out now as the solicitor queried the access with the garage.

    Due to the lack of a chain my exchange date was due in two weeks time, it would have been quicker but the council searches take a long time.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    aneary wrote: »
    No but it's going that way, he is going to get his right of way enforced or so he says.

    With this going on the seller isn't really in a position to sell in my opinion. The dispute has been going on for some time and it appears he just wants to pass it on to someone else.



    I'm going to sue BT for £1mil, or so I say....


    The seller is in a position to sell, because the dispute is a land issue, it wont go away because there's a new owner. The buyer just needs to be aware of it.
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    I just don't see why you wouldn't be dropping the offer and continuing.


    Then coming to an arrangement with the neighbour.
  • glentoran99
    glentoran99 Posts: 5,821 Forumite
    First Anniversary Combo Breaker First Post Debt-free and Proud!
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    Just asking for clarity but is the dispute that your car parking space is blocking access to the garage, if so just park elsewhere if you want the house as it isn't a parking space
  • aneary
    aneary Posts: 921 Forumite
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    Guest101 wrote: »
    I'm going to sue BT for £1mil, or so I say....


    The seller is in a position to sell, because the dispute is a land issue, it wont go away because there's a new owner. The buyer just needs to be aware of it.

    It involves my parking space. ie he is disputing me being able to use it.

    There isn't any on road parking and were I live happens to be the worse place for parking in the UK excluding London.

    Therefore it could be fairly awkward living there and parking my car there.
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