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  • FIRST POST
    • PhilE
    • By PhilE 11th Jul 17, 12:06 PM
    • 184Posts
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    PhilE
    What to declare to sellers regarding neighbours.
    • #1
    • 11th Jul 17, 12:06 PM
    What to declare to sellers regarding neighbours. 11th Jul 17 at 12:06 PM
    So following on from my previous thread, I'd like to send my neighbor an informal, unsigned note.

    I understand that neighbor disputes have to be declared to buyers, and have read that anything you have made to them in writing must also be declared. I'm hoping this will not get to this stage.

    However would an informal, unsigned note have to be declared?


    I'm considering the informal note over knocking on the door, as possibly it would give less reason for confrontation, and some carefully chosen words on my part to think over.

    As its my mums house and I dont live there, I'd also like to provide my address so they can come and find me if they are angry, instead of knocking on my mums door.
    Last edited by PhilE; 11-07-2017 at 12:14 PM.
Page 1
    • sevenhills
    • By sevenhills 11th Jul 17, 12:13 PM
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    sevenhills
    • #2
    • 11th Jul 17, 12:13 PM
    • #2
    • 11th Jul 17, 12:13 PM
    If you feel its a big issue and needs sorting before you sell it, then you should declare it; but if you do nothing, there is nothing to declare.
    If its an issue for you, perhaps other neighbours have already tried to do something, a anonymous note will achieve very little.
    What do you expect your neighbour to do, stop working so they are at home, or get rid of the dog; both will take a very big complaint.
    Has anyone spoken to the owners?
    • PhilE
    • By PhilE 11th Jul 17, 12:21 PM
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    PhilE
    • #3
    • 11th Jul 17, 12:21 PM
    • #3
    • 11th Jul 17, 12:21 PM
    If you feel its a big issue and needs sorting before you sell it, then you should declare it; but if you do nothing, there is nothing to declare.
    If its an issue for you, perhaps other neighbours have already tried to do something, a anonymous note will achieve very little.
    What do you expect your neighbour to do, stop working so they are at home, or get rid of the dog; both will take a very big complaint.
    Has anyone spoken to the owners?
    Originally posted by sevenhills
    Your looking at the wrong previous thread. I said it was my mums property.

    My understanding is that you have to declare potential problems. So if asked 'are the neighbors quiet,' and the students next door blast music till 2 am every night, the fact that you haven't complained to the council about it, wouldn't mean that you don't have to declare it.

    But my question here, is would an informal note have to be declared, or would it be regarded as having a friendly chat with the neighbors which wouldn't necessarily have to be declared.
    • Rosemary7391
    • By Rosemary7391 11th Jul 17, 12:25 PM
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    Rosemary7391
    • #4
    • 11th Jul 17, 12:25 PM
    • #4
    • 11th Jul 17, 12:25 PM
    I suppose it depends on where things go from there. If they turn up on your doorstep and punch you in the face, that needs to be declared. If they say "gosh, sorry, I'll sort that right away" and do so, no I wouldn't think it needs declaring. There are several shades between those though!
    Me escondo detras de mi lengua... tengo miedo de que me entiendas... pero me gustara que me entendases ¡Ayudame!
    • Guest101
    • By Guest101 11th Jul 17, 12:36 PM
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    Guest101
    • #5
    • 11th Jul 17, 12:36 PM
    • #5
    • 11th Jul 17, 12:36 PM
    You have to declare all disputes.
    • PhilE
    • By PhilE 11th Jul 17, 12:39 PM
    • 184 Posts
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    PhilE
    • #6
    • 11th Jul 17, 12:39 PM
    • #6
    • 11th Jul 17, 12:39 PM
    @Rosemary

    Yes, any escalation like that would need to be reported. However, I'd like them to have my address so that they know where to direct their anger should it come to that. Actually received that advice from a psco to do that. I was advised to make sure they have my address/number, so that they don't bang on my mums door.

    And I think it should be ok to say to a buyer, 'had an issue with the neighbor re balls coming over, left them a friendly note.'
    Last edited by PhilE; 11-07-2017 at 12:43 PM.
    • Davesnave
    • By Davesnave 11th Jul 17, 12:40 PM
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    Davesnave
    • #7
    • 11th Jul 17, 12:40 PM
    • #7
    • 11th Jul 17, 12:40 PM
    I must be missing something....

    If your Mum is selling, why do you need to do anything?

    Otherwise, why are you worrying about declaring a dispute?
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • PhilE
    • By PhilE 11th Jul 17, 12:44 PM
    • 184 Posts
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    PhilE
    • #8
    • 11th Jul 17, 12:44 PM
    • #8
    • 11th Jul 17, 12:44 PM
    I must be missing something....

    If your Mum is selling, why do you need to do anything?

    Otherwise, why are you worrying about declaring a dispute?
    Originally posted by Davesnave

    Thinking of the future mate.

    Might move her into a bungalow at some point, if stairs become a problem for her.
    Last edited by PhilE; 11-07-2017 at 12:46 PM.
    • eddddy
    • By eddddy 11th Jul 17, 1:03 PM
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    eddddy
    • #9
    • 11th Jul 17, 1:03 PM
    • #9
    • 11th Jul 17, 1:03 PM
    The questions that your mum will routinely have to answer on the Seller's Property Information form are:

    2.1 Have there been any disputes or complaints regarding this property or a property nearby? If Yes, please give details:

    2.2 Is the seller aware of anything which might lead to a dispute about the property or a property nearby? If Yes, please give details:
    Having a discussion with a neighbour about a problem isn't a dispute or complaint.

    As for writing a note - it depends what the note says. If the note is complaining about something, then I guess it's a 'complaint'. If the note is disputing something, then I guess it's a dispute.

    So you could choose your words carefully. But you might get a response which is clearly a dispute or complaint.


    Edit to add...

    Your mum has to answer the questions to the best of her knowledge, so I guess arguably, if you have a massive argument with the neighbour, but your mum never finds out (and the neighbour never tells her), your mum cannot declare it on the form.
    Last edited by eddddy; 11-07-2017 at 1:09 PM.
    • TBagpuss
    • By TBagpuss 11th Jul 17, 1:08 PM
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    TBagpuss
    Your looking at the wrong previous thread. I said it was my mums property.

    My understanding is that you have to declare potential problems. So if asked 'are the neighbors quiet,' and the students next door blast music till 2 am every night, the fact that you haven't complained to the council about it, wouldn't mean that you don't have to declare it.
    Originally posted by PhilE
    [COLOR="Red"]That's not quite right. If you were specifically asked whether the neighbours were quiet you can't lie about it.
    But if you are not asked, and are only filling in the standard property information forms, then you only have to answer the question on the form, which asks whether there have been any disputes or complaint regarding the property or a property near by and whether the seller knows of anything likely to give rise to a complaint or dispute.

    But my question here, is would an informal note have to be declared, or would it be regarded as having a friendly chat with the neighbors which wouldn't necessarily have to be declared.
    The issue is whether it is a dispute or complaint, so it would depend on what you say in the note. If you say ' could we have a chat about the fence ' then you don't need to disclose that as a complaint or dispute. You may, already, in any event, feel that it is disclosable as something likely to cause a dispute or complaint. If you don't disclose and the buyer feels it is complaint worthy, then having sent a note about it would make it much harder for you to deny that you knew there was something likely to result in a dispute.
    • sevenhills
    • By sevenhills 11th Jul 17, 1:09 PM
    • 757 Posts
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    sevenhills
    Thinking of the future mate.

    Might move her into a bungalow at some point, if stairs become a problem for her.
    Originally posted by PhilE
    How much in the future, some dogs only live eight years.
    • Davesnave
    • By Davesnave 11th Jul 17, 1:14 PM
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    Davesnave
    How much in the future, some dogs only live eight years.
    Originally posted by sevenhills
    You're on the wrong thread there, mate.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • PhilE
    • By PhilE 11th Jul 17, 1:28 PM
    • 184 Posts
    • 124 Thanks
    PhilE
    The questions that your mum will routinely have to answer on the Seller's Property Information form are:



    Having a discussion with a neighbour about a problem isn't a dispute or complaint.

    As for writing a note - it depends what the note says. If the note is complaining about something, then I guess it's a 'complaint'. If the note is disputing something, then I guess it's a dispute.

    So you could choose your words carefully. But you might get a response which is clearly a dispute or complaint.


    Edit to add...

    Your mum has to answer the questions to the best of her knowledge, so I guess arguably, if you have a massive argument with the neighbour, but your mum never finds out (and the neighbor never tells her), your mum cannot declare it on the form.
    Originally posted by eddddy
    It seems to be a grey area. 'Had a discussion with the neighbors,' could turn into 'made a complaint,' when put into note form. But then 'left a friendly note,' is different to 'sent them a formal, signed letter.'

    What I would like to point out in the note, is that if this were to turn into a dispute, its going to affect the value of both our properties. If I can't appeal to their morality, perhaps I could appeal to their wallet.

    Ultimately I've got to put my mums safety first, and if I were to lose 5-10k as a result its obviously worth it.
    Last edited by PhilE; 11-07-2017 at 1:30 PM.
    • Davesnave
    • By Davesnave 11th Jul 17, 1:49 PM
    • 23,677 Posts
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    Davesnave

    What I would like to point out in the note, is that if this were to turn into a dispute, its going to affect the value of both our properties. If I can't appeal to their morality, perhaps I could appeal to their wallet.
    Originally posted by PhilE
    Only if they take the same view on things as you do.

    You've spoken to them and they've ignored you. Your Mum's neighbour has spoken to them, and been similarly ignored.

    They're just as likely to ignore a note.

    After all, from their point of view there's no problem; just a couple of guys in the road behind, hassling them, possibly racially motivated, but they and their mates can deal with it if things get heavy.

    You don't really expect this person to go to the computer, key in 'TA6' and then study the ramifications of what they see?

    This is assuming they're owner-occupiers. I'm not clear we know about that.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • Red-Squirrel
    • By Red-Squirrel 11th Jul 17, 2:49 PM
    • 2,000 Posts
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    Red-Squirrel
    You're on the wrong thread there, mate.
    Originally posted by Davesnave
    It might help if the OP was edited to say 'my mum's neighbour' rather than 'my neighbour' on the first line.
    • moneyistooshorttomention
    • By moneyistooshorttomention 11th Jul 17, 5:18 PM
    • 14,193 Posts
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    moneyistooshorttomention
    and the $64,000 question sometimes might be as to whether the problem in question would bother everyone...

    Some people (ie those that let dogs bark themselves) presumably wouldnt be bothered about it - but most of us would.

    My ****** vendor of current house could have argued that some people wouldnt be bothered by finding the neighbours trying to use their garden - but most of us would and I duly "dealt with it" firmly.

    So there is sometimes a subjective element possibly? That being that, presumably, everyone would object strongly to a neighbour trying to nick part of their garden. But a few people wouldnt object to barking dogs or finding neighbours in their garden for instance.
    #MeToo

    Ain't neva gonna learn to be a good "woman"
    • Clutterfree
    • By Clutterfree 11th Jul 17, 5:23 PM
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    Clutterfree
    I don't think the problem is barking dogs, it's a ball being kicked against/coming over the fence.
    Or am I getting mixed up now?!
    Ageing is a privilege not everyone gets
    • NeilCr
    • By NeilCr 11th Jul 17, 5:29 PM
    • 1,098 Posts
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    NeilCr
    My ex found this article quite helpful when advising a friend with a problem neighbour

    http://www.problemneighbours.co.uk/what-you-have-declare-about-neighbours-when-selling.html
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