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Next door selling, Ongoing dispute.

We have had a dispute for years with next-door regarding a dividing wall on the boundary line (The T on the deeds says its mine)

Many years ago the previous owner of next door planted a tree which is now pushing the wall over.

They have said many times verbally and with letters its not there problem!

The wall is very likely to fall down in a few years.

They have just put the house on the market and very unlikely to tell anyone about it.

Can i tell the agent? Should i tell the agent? I intend to tell any viewers i see about it.
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Comments

  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Why has this been going on for years? If their tree is damaging your property then there are measures to address things. You might want to try gardenlaw forums which has a segment specifically on such issues.


    What do you want to achieve here exactly? Get revenge? Get the wall fixed? Halt the sale?
  • david29dpo
    david29dpo Posts: 3,975 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Its been going on for years due to him being to total twit.

    Tried garden law, very good in theory but the costs involved are high.

    We knew he would try and sell in the near future so thought this would be a good (free) time to sort it all out.

    Achieve? all the above.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hopefully a new owner would be less of a twit? Though I presume they (or at least their surveyor) will notice the problem anyway.
  • david29dpo
    david29dpo Posts: 3,975 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Lets hope so but could be worse!
    This is why i would like to get it sorted how while i (hopefully) have the upper hand.
  • Ozzuk
    Ozzuk Posts: 1,884 Forumite
    Eighth Anniversary 1,000 Posts
    We had a dispute with a neighbour and they called the agent and told them about it - which was odd because they were the issue (crazy people). We'd already told the agent anyway.
  • Two ways to look at this I would think.

    1. Don't notify a dispute exists and maybe the new next door neighbour might plan on chopping the tree down anyway. Problem solved.

    2. In between neighbours - the tree goes missing....

    You may be right and he will want to remove this tree now himself, sooner than having a "neighbour dispute" - but I don't think I would be bargaining on it in your position. Sometimes vendors can find some very tricky ways of avoiding mentioning there is a neighbour dispute.

    There is a question on the legal form vendors have to fill in asking whether there is either a dispute OR anything that might cause a dispute and some of us can think of quite a long list of things that come under heading no. 2 (ie "likely to lead to one") - but vendors often tend to get away with ticking the "no" box on that.
  • david29dpo
    david29dpo Posts: 3,975 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Very unlikely to tell anyone anything hence what better way to sort all this out now by hindering the sale?
  • chiny
    chiny Posts: 194 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    I had a dispute with a selling neighbour (flat owner above). The new buyer got advised of it and the seller had to reduce his price by £35k. It would have cost him £2k to resolve originally but he ran out of time.

    Result: the buyer and I are on excellent terms, dispute 100% resolved. Buyer even gave me £500 for my troubles !
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OK see where you are coming from now.


    I'd be tempted to write a letter to your neighbour and CC the agent.


    Make the point that the tree has damaged the wall, that it is a long-standing dispute, but that if the tree is removed and the wall is repaired there is absolutely no issue.


    If you are happy to deal with the confrontation it might bring then it could get you the results you need. A buyer might still risk the purchase taking the view that they will pay to sort the situation out. Or the vendor might sort it out themselves. Or maybe they just sit around to spite you :)
  • mrginge
    mrginge Posts: 4,843 Forumite
    Put a nice big sign up in your garden.
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