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    • aneary
    • By aneary 19th Jun 17, 11:47 AM
    • 429Posts
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    aneary
    Seller's responsibilities
    • #1
    • 19th Jun 17, 11:47 AM
    Seller's responsibilities 19th Jun 17 at 11:47 AM
    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.
Page 2
    • Guest101
    • By Guest101 19th Jun 17, 1:47 PM
    • 14,639 Posts
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    Guest101
    The EA didn't know he is less than impressed as he knows that the sale is probably lost plus any future sales. - How? What on earth?

    The solicitor said he will dig up some more information but his advised is that this needs to be resolved before I put pen to paper as the hassle that has been caused already will continue unless there is some sort agreement in writing. - Like an indemnity policy? I have agreed that I can wait up to 3 months for a resolution but if it's going to take longer (likely) then I will pull out. The solicitor has also advised that I start looking for another property. - It will probably take longer because the guy will never actually go to court for it in all likelihood

    The owner of the garage has applied for planning permission to knock down the garage and build a house in it's place, this has been rejected but this doesn't mean that something else will be applied for. In addition a taxi firm is registered at the address (although the garage doesn't have a postbox) it's all very odd.
    Originally posted by aneary


    I think you're overthinking this. It's a simple neighbour dispute, one which I suspect is due to an informal arrangement.
    • aneary
    • By aneary 19th Jun 17, 1:56 PM
    • 429 Posts
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    aneary
    I think you are underthinking.

    My solicitor is concerned that it's serious I suspect he is more qualified than you.

    My query was shouldn't the seller have declared this at the beginning.
    • Guest101
    • By Guest101 19th Jun 17, 2:01 PM
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    Guest101
    I think you are underthinking.

    My solicitor is concerned that it's serious I suspect he is more qualified than you. - Depends in what field? Solicitors, by their nature are protecting themselves from you and from the lender. A Right of way or right of access aren't that big a deal that it would prevent ANY future sale.

    My query was shouldn't the seller have declared this at the beginning.
    Originally posted by aneary


    The answer is no, they shouldn't. Because it's just a dispute.


    What if I said you owed me £1mil? Would you declare that you your lender?.....
    • lincroft1710
    • By lincroft1710 19th Jun 17, 2:04 PM
    • 9,496 Posts
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    lincroft1710
    My solicitor is concerned that it's serious I suspect he is more qualified than you.

    My query was shouldn't the seller have declared this at the beginning.
    Originally posted by aneary
    Ask your solicitor, he is probably more qualified than most of us on here to answer your question.
    • ReadingTim
    • By ReadingTim 19th Jun 17, 2:16 PM
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    ReadingTim
    I think you are underthinking.

    My solicitor is concerned that it's serious I suspect he is more qualified than you.

    My query was shouldn't the seller have declared this at the beginning.
    Originally posted by aneary
    Your solicitor is also telling you to find somewhere else, so I would heed that advice, and put your time, money and energy into finding a different property rather than trying to retrospectively "prove" that the vendor lied, deceived you, omitted to tell the truth etc.

    In other words, get over it and move on.
    Last edited by ReadingTim; 19-06-2017 at 2:30 PM.
    • aneary
    • By aneary 19th Jun 17, 2:24 PM
    • 429 Posts
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    aneary
    We'll we have proved that he lied.

    I just think he should have told the truth from the beginning.

    The EA didn't know and they are really unhappy as they have lost money from the sale and in the meantime aren't getting the fees they were when it was let out, basically everyone has lost out.

    I really do think there should be a better situation with buying in this country, through no fault of my own I've lost time (this does matter my tenancy ends in 6 weeks) and depending on solicitors fees nearly £1k which will mean my deposit will have to be reduced by £1k as I only budgeted for one lot of valuation fees, home buyers reports and £2k of solicitors fees.
    • Guest101
    • By Guest101 19th Jun 17, 2:51 PM
    • 14,639 Posts
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    Guest101
    We'll we have proved that he lied.

    I just think he should have told the truth from the beginning.

    The EA didn't know and they are really unhappy as they have lost money from the sale and in the meantime aren't getting the fees they were when it was let out, basically everyone has lost out.

    I really do think there should be a better situation with buying in this country, through no fault of my own I've lost time (this does matter my tenancy ends in 6 weeks) - have you given notice? if not, then it doesn't end and depending on solicitors fees nearly £1k which will mean my deposit will have to be reduced by £1k as I only budgeted for one lot of valuation fees, home buyers reports and £2k of solicitors fees.
    Originally posted by aneary


    The issue here isn't the buying process. It's the understanding of what a dispute is.
    • aneary
    • By aneary 21st Jun 17, 4:41 PM
    • 429 Posts
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    aneary
    So update

    The facts are that next to the house (which is divided into four flats) is a garage which has a bit of land in front of it. In front of the land is a parking space, you cannot access the garage without crossing the parking space. According the the land registry there isn't a right of way but the garage owner believes there is or at least should be.

    Since January 2016 there has been letters between the garage owner and my seller's solicitors arguing the right of way. The garage owner has threatened to tow or clamp any cars in the parking space and wants to go to court to get a judge to decide the right of way.

    Now whether he can legally clamp or tow my car away doesn't mean he will not just do it, causing me massive inconvience. In addition I will walk into a massive legal debate which could cost me a lot of money in legal fees even if I was to get it back, as the garage owner has already asked for my contact details to inform me that I won't be able to park my car when I move in.

    I think it's terrible that the owner has not only not mentioned this but only did after a lot of pushing, clearly until the above is resolved he isn't in a position to sell.
    • Guest101
    • By Guest101 21st Jun 17, 4:43 PM
    • 14,639 Posts
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    Guest101
    So update

    The facts are that next to the house (which is divided into four flats) is a garage which has a bit of land in front of it. In front of the land is a parking space, you cannot access the garage without crossing the parking space. According the the land registry there isn't a right of way but the garage owner believes there is or at least should be. - Some people believe in magic and ghosts and fairies etc. too

    Since January 2016 there has been letters between the garage owner and my seller's solicitors arguing the right of way. The garage owner has threatened to tow or clamp any cars in the parking space and wants to go to court to get a judge to decide the right of way.

    Now whether he can legally clamp or tow my car away doesn't mean he will not just do it, causing me massive inconvience. - and getting himself arrested... In addition I will walk into a massive legal debate which could cost me a lot of money in legal fees even if I was to get it back, as the garage owner has already asked for my contact details to inform me that I won't be able to park my car when I move in. - and? tell him to foxtrot oscar

    I think it's terrible that the owner has not only not mentioned this but only did after a lot of pushing, clearly until the above is resolved he isn't in a position to sell.
    Originally posted by aneary


    So walk away.


    Personally id be knocking money off for what seems to be a bargain
    • aneary
    • By aneary 21st Jun 17, 4:47 PM
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    aneary
    I have walked away.

    I need a parking space and I don't need the hassle as it's likely that he will be around and confront me, now he could be a little man but he might not be.
    Last edited by aneary; 21-06-2017 at 4:48 PM. Reason: missed a bit
    • eddddy
    • By eddddy 21st Jun 17, 5:19 PM
    • 4,972 Posts
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    eddddy
    I have walked away.
    Originally posted by aneary
    I tend to agree with your sentiment.

    Whoever is right or wrong, it doesn't make sense to 'buy yourself into' a neighbour dispute that's so bad that solicitors are involved.


    Unless perhaps, if the property is a bargain and you can negotiate a solution before exchanging contracts.

    e.g. You agree to "sell" your parking space to the neighbour, in exchange for one of his garages - if that's acceptable to you. With all the transfers, right of ways etc handled by your solicitor.
    • Clutterfree
    • By Clutterfree 21st Jun 17, 9:56 PM
    • 3,449 Posts
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    Clutterfree
    Don't walk away - RUN!
    As someone who once bought a property with an undisclosed neighbour dispute it is not worth the cost both financially and emotionally.
    Ageing is a privilege not everyone gets
    • aneary
    • By aneary 22nd Jun 17, 9:46 AM
    • 429 Posts
    • 308 Thanks
    aneary
    I tend to agree with your sentiment.

    Whoever is right or wrong, it doesn't make sense to 'buy yourself into' a neighbour dispute that's so bad that solicitors are involved.


    Unless perhaps, if the property is a bargain and you can negotiate a solution before exchanging contracts.

    e.g. You agree to "sell" your parking space to the neighbour, in exchange for one of his garages - if that's acceptable to you. With all the transfers, right of ways etc handled by your solicitor.
    Originally posted by eddddy
    The owner of the garage (there is only one) wants to change it into a house it's unlikely to happen but to buy the garage will cost a lot of money giving him my parking space would then make me unable to to use the garage.
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