Would a resolved boundary dispute put you off buying?

Nixer

It's not a driveway as such, it's a bit difficult to describe. It is a paved track off the main road up the side of the hill to the 2 houses, the track splits after about 2 car lengths. The branch to "our" house opens into a parking area where there is room for at least 4 cars plus a double garage. The track continues up to the neighbour. I've no idea what it looks like up there as its well screened by shrubs. The deed sets out what needs to be done if access is required to the boundary area if work needs to be done, including emergency work. I'm fairly sure we would only need access if the bit of the fence we are responsible for needed replacement.

No kids, and not likely to have any, there's ample parking anyway. Also we've already made an offer - there's no way we'd know about the dispute if we hadn't set conveyancing in motion.

We obviously need more info but there is nothing to indicate that the neighbour was in the wrong at the moment, only the vendor. To repeat, the string is across the part of the boundary that no one is responsible for. That doesn't bother me. What we need to resolve is whether our vendor was provoked into bringing the action by something that the neighbour did, or whether she simply bunged up a obstructive fence and took them to court when they asked her to remove it. I suspect that we might have difficulty finding this out though.

Sponge

Sound like a nightmare scenario. I'd be worried that bad feelings between vendor and neighbour could resurface between new owner and neighbour at any time. Good luck!

ValHaller

Nixer wrote: »

Ok I now have the deed of settlement (dated towards end of 2010).

The deed of settlement is interesting and useful. But I would push this further and insist on sight of the initial court papers with the complaint which was taken to court plus any judgements issued. But it looks like this may have been settled out of court - hence a deed of settlement, so you may be down to the initial complaint

It looks more likely your vendor was the problem - although the heating oil delivery could have played out in several ways. Perhaps the oil company started by not going right to the neighbour, pumping through pipes and blocking 'your' house. Or may be it got to that because your vendor started blocking the access.

Who took it to court and what they went to court with will be helpful here - and a frank chat with each side is almost essential - but wait until you have the paperwork.

Remember that your vendor has mixed motivations here

• to appear to be the troublemaker to progress her sale
• to paint the other side as the troublemakers for her own pride

Remember, her solicitor will be advising on the presentation of the facts - once you have the papers, arrange another viewing via the agent to discuss with the vendor.

Perhaps you need to think too about her reasons for moving.

• Does it make sense that she would want to move anyway perhaps to a smaller property?
• Or is she moving to get away from an ongoing problem
• Or is she moving to get away from the embarrassment of having lost a legal battle?

Overall, I think this is about 70% likely to be your vendor more than 80% to blame. I would be looking for more info and I think I would be considering going ahead if I was 95% certain that she was more than 90% to blame. That will probably be a higher degree of confidence than if you bought a property with no such history.

Nixer

Nothing further on the boundary dispute yet, but the lender has contacted me to say that the valuation survey came back saying there was excessive hollowness in the concrete floors, they suspect settlement of the infill and they want a structural engineer's report. I asked what it might cost and he said he thought a few hundred but (obviously) I should make my own enquiries.

I don't know what to do now. I think we probably need to get all the info about the boundary dispute before deciding whether it's worth chucking a few hundred at the engineer's report (and then having to walk away anyway if that comes back with bad news), but most of me says just walk away now although I might change my mind when I've calmed down.

andy.m_2

boundary dispute and possible sub standard and you're not sure what to do?

Run a mile, quickly.

gazzak_2

In that situation I would take a wander down there and knock at a few houses close by for a doorstep chat explaining the situation. The other neighbours will soon put you in the picture of who the troublemakers are.

Clutterfree

If the boundary dispute has been resolved in court then I don't see the problem. It's position has now been defined legally and cannot be altered.

However, if the dispute has only been resolved between the neighbours and not officially then do NOT touch it with a barge pole.

We unwittingly inherited an unresolved boundary dispute when we bought our property (was not declared to us).
Therefore WE had to get it resolved and the only way to do that was via court and lots of money.
That boundary is now defined on the court document with actual measurements of where it lies so nobody can dispute it in the future.
At least when we choose to sell we will declare it and can honestly say it has been resolved.
Your sellers have been honest which was more than we were afforded.
Just ensure you read the court document thoroughly so that you are aware of where the boundary is.

chickaroonee

Nixer wrote: »

Nothing further on the boundary dispute yet, but the lender has contacted me to say that the valuation survey came back saying there was excessive hollowness in the concrete floors, they suspect settlement of the infill and they want a structural engineer's report. I asked what it might cost and he said he thought a few hundred but (obviously) I should make my own enquiries.

I don't know what to do now. I think we probably need to get all the info about the boundary dispute before deciding whether it's worth chucking a few hundred at the engineer's report (and then having to walk away anyway if that comes back with bad news), but most of me says just walk away now although I might change my mind when I've calmed down.

I'd walk, too many potential problems.

sharnad

Walk away as quickly as possible

ValHaller

sharnad wrote: »

Walk away as quickly as possible

If you had posted that 3 months ago, you would have given OP a month's headstart.