Misrepresentation. Nightmare neighbours

Blinkin73

I moved into my new house in April. Since that time ive never had a peaceful weekend. 7 - 12 hours of continuous music blaring out into the garden every friday and saturday evening from a PA system until the early hours or loud drunken singing and swearing. On top of that two dogs that bark whenever they are in the garden because they are never taken for a walk. Thats not to mention them talking to my other neighbours across my garden even if im sitting, using my garden as a shortcut in to my other neighbours hluse and damaging the 6ft screen I erected to stop this.

I know that there have been several complaints about the music and barking because my noisy neighbours told me.They even advised that last year the police attended when they had a live band playing in the garden and that the vendors who were good friends of theirs would text them telling them to shut up

The vendors stated in the sellers imformation pack that there had not been any complaints regarding a property nearby. They would have known that that was a lie.

They advised that they had not received any notice or correspondance or discussions taken place regarding property nearby and were not aware of any proposals to develop of make alterations to buildings nearby. And yet between viewing in February and moving in in April my noisy neighbours built a huge wooden cabin at the end of their garden (3.5m high , 4.5m long 3.5m wide)

I would never have bought the property had I known about the music, barking or cabin.

In addition my noisy neighbour believes the boundary fence is hers. The deeds state the boundary is mine and the vendors stated in the sellers pack that it was mine.

I have legal insurance to cover litigation. I phoned the legal advice line who suggested I write a letter to the vendors requesting compensation before starting legal proceedings as Courts like to see that efforts have been made to address the issues informally. So how much should I ask for? Or how do I find this out?

I will be contacting my local authority to request infomation about noise abatement notices as evidence.

Any advice greatfully received. However seeking advice from an independent lawyer isnt an option for me. I did a law degree years ago and the first thing I was taught was to always advise a client that they had a case.

DTDfanBoy

I doubt you have much of a case for misrepresentation, I suspect you'll find it hard, if not impossible, to prove that the vendor knew of the complaints or that an outbuilding was planned for the property next door.

I don't know which mickey mouse university you studied law in but I think you should contact them immediately and demand a refund

davidmcn

Blinkin73 wrote: »

They even advised that ...the vendors who were good friends of theirs would text them telling them to shut up

The vendors stated in the sellers imformation pack that there had not been any complaints regarding a property nearby.

I doubt that texting your mates asking them to shut up counts as a "complaint", even if you could prove it.

They advised that they had not received any notice or correspondance or discussions taken place regarding property nearby and were not aware of any proposals to develop of make alterations to buildings nearby. And yet between viewing in February and moving in in April my noisy neighbours built a huge wooden cabin at the end of their garden (3.5m high , 4.5m long 3.5m wide)

Had they received notice, correspondence or discussions about this?

In addition my noisy neighbour believes the boundary fence is hers. The deeds state the boundary is mine and the vendors stated in the sellers pack that it was mine.

Sounds like it's yours then. Again, if there hadn't actually been a dispute then I don't see where you can go with this.

pinkshoes

You need proof that the vendor actually made an official complaint to either the council, police or said environmental health.

A text asking them to shut up is not an official dispute that needs mentioning on the selling form.

princeofpounds

In addition my noisy neighbour believes the boundary fence is hers. The deeds state the boundary is mine and the vendors stated in the sellers pack that it was mine.

Owning a fence is different to owning a boundary. If the neighbour put the fence up, it is theirs. However, it should be not be sited on the boundary line itself.


In reality of course, this is a secondary issue.


If the vendor was the one that called the police then there should have been disclosures about complaints. You need evidence, as pinkshoes has said.

BornAtTheRightTime

Your neighbours have built a large shed at the bottom of their garden. It's probably under Permitted Development rights. Check out the Planning Portal if you want to check whether they have infringed any rules.
Under Permitted Development they did not have to notify, consult or otherwise advise anyone so it is quite possible that your vendor did not know at the time they signed the paperwork.
Even if they did it is unlikely it would ever be considered the type of Building Development that would be notifiable to you on the vendor's paperwork.

So your neighbour thinks the fence is hers. You can prove the boundary is yours. There's confusion over who owns the fence itself. Does this matter right now? The big issues are the noise and trespass. Concentrate on those with the neighbour. Keep a noise log. Ask them nicely, and not so nicely, to keep the noise down and stay out of your garden. Warn them you may escalate to the Council and with the Police if you have to, and then do so if necessary. In the mean time if you think you can prove there was an official dispute between vendor and neighbour over noise then gather the proof, before you go further with the litigation and incur costs.

Sorry but I don't see that you have any comeback here. However IF the cabin breaks any PD rules you MIGHT be able to [STRIKE]blackmail [/STRIKE]mention it to the neighbour whilst speaking to them over the trespass and noise issues. Or you might just let the local Planning Authority know if you feel strongly enough about it.

Good luck.

moneyistooshorttomention

I understand the "deal with immediate issue" thing - ie the noise and shed. In the long-term though, then I would think the fence is actually the most major issue.

That is the noise issue will certainly resolve once those particular neighbours move on. There is some chance the shed issue will resolve at that point too - or a future buyer of OP's property mightn't be bothered by it.

A fence, on the other hand, and that one could run and run...

I think it would be useful for any caselaw/etc that anyone has re a fence belonging to the person who put it there (regardless of that boundary itself issue) to be linked to.

HappyMJ

Blinkin73 wrote: »

I moved into my new house in April. Since that time ive never had a peaceful weekend. 7 - 12 hours of continuous music blaring out into the garden every friday and saturday evening from a PA system until the early hours or loud drunken singing and swearing. On top of that two dogs that bark whenever they are in the garden because they are never taken for a walk. Thats not to mention them talking to my other neighbours across my garden even if im sitting, using my garden as a shortcut in to my other neighbours hluse and damaging the 6ft screen I erected to stop this.

I know that there have been several complaints about the music and barking because my noisy neighbours told me.They even advised that last year the police attended when they had a live band playing in the garden and that the vendors who were good friends of theirs would text them telling them to shut up

The vendors stated in the sellers imformation pack that there had not been any complaints regarding a property nearby. They would have known that that was a lie.

They advised that they had not received any notice or correspondance or discussions taken place regarding property nearby and were not aware of any proposals to develop of make alterations to buildings nearby. And yet between viewing in February and moving in in April my noisy neighbours built a huge wooden cabin at the end of their garden (3.5m high , 4.5m long 3.5m wide)

I would never have bought the property had I known about the music, barking or cabin.

In addition my noisy neighbour believes the boundary fence is hers. The deeds state the boundary is mine and the vendors stated in the sellers pack that it was mine.

I have legal insurance to cover litigation. I phoned the legal advice line who suggested I write a letter to the vendors requesting compensation before starting legal proceedings as Courts like to see that efforts have been made to address the issues informally. So how much should I ask for? Or how do I find this out?

I will be contacting my local authority to request infomation about noise abatement notices as evidence.

Any advice greatfully received. However seeking advice from an independent lawyer isnt an option for me. I did a law degree years ago and the first thing I was taught was to always advise a client that they had a case.

If she wants the responsibility of maintaining the fence then let her have it. Why would you want that? The boundary might be yours and the fence is on her side of the boundary that's not a problem. You can if you wanted to put up a fence on your side of the boundary.

It's very difficult to prove the vendors did not complain via official channels. They would have had the council obtain an order making them stop. Anything less than that is not a complaint. A text message is simply a request to turn it down...it's not a complaint. Talking to council is an investigation it's also not yet a complaint.

Brock_and_Roll

The reality of the situation is that either way your neighbours are going to carry on being a nuisance. If you do nothing, the current problems continue, if you formally complain and/or take legal action for misrepresentation (unlikely to get anywhere anyway) then you will have to disclose this when you sell the place.

If it were me, I would grit my teeth for a bit then sell the place next spring (before garden boozing season).

eddddy

Perhaps as a starting point, check the precise wording of questions and answers of the 'Seller's Property Information Form' that the seller completed.

The questions are probably:

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

2.2 Does the seller know of anything which might lead to a
dispute about the property or a property nearby? If Yes,
please give details:

Based on 2.1 above, if somebody (not necessarily the seller) complained to the Police about the neighbours, I'd say the answer to 2.1 should be "yes". (Unless the seller claims he was not aware of that complaint.)

There are examples of people winning large damages claims in these types of cases, but I expect the process was very long and expensive:

McMeekin v Long [2003]

A couple who bought a house have won £67,500 from the sellers who failed to reveal problems with neighbours.

See: http://www.theguardian.com/world/2003/mar/04/law.property

Doe v Skegg [2006]

...The seller had considered mentioning the problems, but had decided against doing so since there was no real 'dispute', merely his complaints, and because the problems related only to antisocial behaviour and were not about the property in the way that, for example, a dispute over boundaries would have been. The buyer alleged fraudulent misrepresentation as the seller had answered 'no' to the relevant enquiries before contract.

The claim was allowed...

See: http://lexisweb.co.uk/sub-topics/neighbour-disputes

......

Edit to add - very few cases like this seem to reach court. But perhaps more are settled out of court.

Blinkin73

DTD - Im not sure hw tongue in cheek your remarks are but they are very insensitive given the stress Im under and you've made some huge assumptions. I obtained my law degree in the days before student loans. I've aleady been informed by legal advisors through my legal insurance that I am likely to have a case of fraudulent/negligent misrepresentation. My noisy neighbours have informed me/bragged that several complaints have been made over the years but nothing can be done because they own ther own home and that numerous police attended last year when they had a party which the vendors atended. Given that the vendor was their friend, lived nextdoor in a terraced house and, by the noisy neighbours admission would complain to them infromally about the noise on occassion, I cant see how the vendors can say they werent aware of any complaints or reasons for dispute.

Similarly, the vendor would have seen the large cabin, not shed but more of a chalet, being built, which is too high, large, and close to three boundaries to be a permitted development and is built on a public right of way (a twitten) most likely without planning permission, but if they applied for planning permission the vendors would have been notified by the council. It bothers me because it is slightly elevated, overlooks my entire garden and rear of my house. When my noisy neighbours are in the can look straight through my patio doors, into my kitchen/breakfast room where Id like to relax, drinking a cuppa and watching my dog, the birds, the clouds and stars etc.

I've already had to complain to the police about noise on one occassion and criminal damage and noise most recently I that I will have declare the issues when it comes to selling the property.

Eddy - thank yu for yur post which was most accurate and informative. I wasnt sure if the vendor had to be the complainer.

I know these things are laborious andexpensive but I do have legal expenses cover.

Given that the deeds state the boundary is my responsibilty and that the vendor stated in the sellers pack that I am responsible for maintaining thefence/boundary, and that my noisy neighbour states that the part of the boundary line which is a wall is mine as are the fence panel but not the fence posts as she bought them and therefore the boundary is hers, I shall write to her giving her 28 days to furnish proof/ evidence that the boundary is hers otherwise I shall consider the wall, fence panels and posts mine. This issue needs to be cleared up asap in case I sell up

I am still stuck regarding how to write a letter to the vendors asking for damages when I dont know how much is appropriate to ask for. I need to do this before I can consider legal action