Would a resolved boundary dispute put you off buying?

Nixer

We're in the process of buying a house and our solicitor has sent us a brief paragraph (along with the completed fixtures and fittings list from the vendor) saying that there was a boundary dispute between our vendor and another neighbour that went to court and was resolved in 2010. The solicitor mentions there being a detailed resolution but that it was clear that there was some friction between the neighbour and our vendor.

We've asked for more detail about the dispute, which neighbour it was with and its resolution but it is worrying me a bit that it got as far as court and that we might have an unreasonable neighbour lurking in the wings or that the dispute might occur again.

Obviously I need to wait for info and try to stop worrying in the meantime, but has anyone else been in this situation? What happens when a dispute is resolved in court in order to prevent it arising again - do both parties sign an agreement? Thanks

suebfg

Personally I wouldn't touch it with a bargepole. You could have an aggrieved neighbour on your hands and you would have to disclose all previous documentation to a future buyer anyway.

I once had a problem neighbour and it completely ruined our enjoyment of the house and caused problems with the sale. Why take the risk? Move on to a property without issues.

ValHaller

In your position, I would ask for a copy of the court order. This will be free of spin and will assist in reading between the lines of everything else which you may be told. It will also be the best information you will get on which to assess the likelihood of recurrence. Once the court order is given, there is no requirement for the neighbours to do anything. The court order is effectively an imposed solution

Consider also visiting the neighbour once you have seen all paperwork to get more of a feel for this. Out of courtesy tell - don't ask - the agent.

Beware that the neighbours may be at fault but paint the vendor at fault - and regardless of whether the vendor is at fault, if he has any sense, he will want to appear at fault. On the other hand it could well be that your vendor is the one at fault, in which case, it would probably be a good buy, because the neighbours will be pleased to have you there.

mrsmchapman

It could be that your vendor was the nightmare neighbour! I guess until you have more information you won't know the full issue for the result in taking it to court. Obtain everything that you can and maybe speak to the neighbour in question and maybe even the vendor personally and ask any questions you may have. If the neighbour was the nightmare, are they allowed to dispute again? Or does the court paper rule that it stands regardless of who owns the property?

ValHaller

mrsmchapman wrote: »

If the neighbour was the nightmare, are they allowed to dispute again? Or does the court paper rule that it stands regardless of who owns the property?

You do not need permission to have a dispute. It could all run again - but the previous court order will be fairly persuasive, although not watertight.

bclark

It totally depends on the ruling but ultimately it would have been a ruling based on the issues and their legalities rather than the individuals. A change of ownership would not change the legalities so that wouldn't worry me.

You really need to find out what the issue was.

Nixer

Yes I did wonder whether the vendor was causing the problem, but wasn't sure whether things could get all the way as far as court unless both parties want a fight.

I started this thread a bit too soon as I don't have all the info, but partner is calling the solicitor today so I should have more to report a bit later. Thanks for all the replies so far.

zzzLazyDaisy

The boundary dispute is resolved, it won't occur again because (as someone else has said) it was resolved on the legalities of the situation, so another court cannot re-open the case or hear another complaint based on the same facts.

What would worry me more is the risk that the reason the vendor is moving is because the neighbour has continued to be problem in other ways. I once had exactly this problem with a difficult neighbour who became quite abusive and in the end I moved. Fortunately for me, it had never escalated into any formal dispute or complaint, so was not declarable.

Wait until you see the paperwork (the other neighbour may already have moved) - if you there may still be a problem, go and see the neighbour. Personally I would not tell the EA, or if you feel the need to, I would do that after checking out the situation.

ValHaller

zzzLazyDaisy wrote: »

The boundary dispute is resolved, it won't occur again because (as someone else has said) it was resolved on the legalities of the situation, so another court cannot re-open the case or hear another complaint based on the same facts.

???? I would expect a more nuanced answer. It could run again if enforcement is required - in fact if one party ignored the original Order, taking it to court would be the thing to do. True enough, the original facts would not be gone into beyond establishing that the original court order applied. But if OP needed to go back to court, the distinction is not going to impact on him so much as the need to take it back to court.

Better_Days

Would it be possible to speak to any of the other nearby neighbours as well, that may give you a more balanced view about what actually happened.

mysk_girl

Not a chance. I nearly bought a house that had a 'resolved' dispute, only to find out on the day we were due to exchange that it was far from resolved. Got to solicitors to sign and agree to exchange and found a letter waiting for us from the neighbour wanting £30k to settle the dispute. This one hadn't got as far as court as our vendor believed (and I believe them) that it had been settled amicably in 2000. 10 years before we were buying! These things can hang around. If I had been the vendor I would have been livid that the neighbour had taken the opportunity of the house being sold to raise it again! It finally sold about 10 months ago..

Solicitor told us it could be 3 or more years to reach a resolution in court, so if yours has gone to court it's probably pretty drawn out.

I would wait and see what the court order says, but for me it would be a no every time.