Next door selling, Ongoing dispute.

Hoploz

Is it a nice tree? Am thinking I'd rather have a tree at the boundary as its likely to give privacy/shade etc....

What do you actually want the neighbour to do? Cut the tree down? Repair your wall some time in the future when it causes damage? Remove section of wall and replace with fence either side of the tree?

david29dpo

As far as trees go it not bad!
I want the tree removed (it will have to go to repair, rebuild the wall)
I will repair, rebuild the wall and send him the bill (but thats another story!)
As he has done nothing for years i believe this would be the best time to sort it all out while he is trying to sell his house.

Would any buyer in there right mind buy into such a problem? I certainly wouldn't.
I am going the tell the agent anyway, can't do any harm!
Does the agent have to tell any viewers?

Old_Git

david29dpo wrote: »

As far as trees go it not bad!
I want the tree removed (it will have to go to repair, rebuild the wall)
I will repair, rebuild the wall and send him the bill (but thats another story!)
As he has done nothing for years i believe this would be the best time to sort it all out while he is trying to sell his house.

Would any buyer in there right mind buy into such a problem? I certainly wouldn't.
I am going the tell the agent anyway, can't do any harm!
Does the agent have to tell any viewers?

The agent dosent have to tell anyone .Have you ever known an agent to tell the buyer anything they didnt have to .It cant do any harm if the agent knows ,they might encourage a resolve situation.

david29dpo

I bet they will ! they want there commission!

System

You have T marks which show boundary responsibility BUT who owns the wall?
They are not the same thing

moneyistooshorttomention

david29dpo wrote: »

As far as trees go it not bad!
I want the tree removed (it will have to go to repair, rebuild the wall)
I will repair, rebuild the wall and send him the bill (but thats another story!)
As he has done nothing for years i believe this would be the best time to sort it all out while he is trying to sell his house.

Would any buyer in there right mind buy into such a problem? I certainly wouldn't.
I am going the tell the agent anyway, can't do any harm!
Does the agent have to tell any viewers?

Re would a buyer buy that particular problem. Well, speaking personally, if I were a potential buyer I'd think "That's not that big a problem compared to many" and I would work out how much it would cost to remove tree and (if need be) repair your wall and tell the vendor "My offer for the house would be £x all else being equal. But with that tree problem costing £y to resolve - then my offer is £x - £y - as I would intend to resolve the problem". The ball would then be in the vendors court and I would expect that offer to be accepted (provided my original £x I "would" have offered was an acceptable offer). I doubt it would cost that much to put your wall right.

pinkshoes

I would WRITE to the agent notifying them of the ongoing dispute of the boundary and wall/tree. send with proof of postage and also an email. Make it clear that the wall needs repairing that will involve the removal of the tree, which the new owners will need to pay for.

The EA then has an obligation to inform any prospective buyers.

Let your neighbour know that you have informed the EA of the dispute.

david29dpo

Thanks Pinkshoes, finally an answer!

!!!!!!, yes i know, T on the plan, confirmed on the register.

New wall about 6K all in.

DaftyDuck

David: can you confirm who owns the wall. NOT the responsibility for the boundary, but the physical wall. Is it erected to one side of the boundary, on it, or is it vague. How old is the wall, and do you know who erected it? Who has maintained it? !!!!!! was trying to differentiate between the two, and it's not the T on the plan that matters in the slightest in this case. It's effectively irrelevant. You need to know the answers to that before taking action.

Just step back before writing. Boundary disputes work both ways. You initiate a formal one, you'll have to declare it if you want to move. You start one, you may be stuck for longer with a difficult neighbour. Don't declare, house sells, and new neighbour will be just as likely to fix as anyone.

After all. I probably wouldn't buy a house with an ongoing neighbourhood dispute like that, yet I'd fix the problem in a jiffy. The people who would buy are those who think they'll just tough it out, know they are scary enough nobody'd even ask, or whatever.

moneyistooshorttomention

£6k doesn't sound that bad an amount to knock off the price a buyer "would" have offered if there hadn't been that wall problem.

Of course, it does depend to some extent on what price level the house is at in the first place. If its only £60k in the first place - then buyer has to knock 10% off the price they would otherwise pay for it and the vendor may or may not go for that.

If its £600k on the other hand - then why on earth would a vendor trouble themselves about such a tiny proportion of the price as £6k?

So - what price level is the house? I'm guessing its what I regard as "standard" price level - ie between £200k and £300k? - in which case that £6k isn't that big a deal...