how to obtain vendor's new address to sue them

missbooboo

We bought a property and the vendors have left a huge skip worth of rubbish. We specifically instructed our sols to chase it up with vendors and their sols (2 months no confirmation) and put it as a condition of sale, although as standard practice vendors have to remove all rubbish on completion.

1)I have asked my sols to chase vendors to remove or pay and they said there is nothing they can do because the vendor did not agree to remove the 2meters high and width mass of garden waste/household rubbish, as they did not consider it as rubbish?!

2)Also that our sols never received a response from the vendors solicitor so our sols says she can not help!

3)Another excuse was because the rubbish was on the side land which is not legally owned but is fenced in within the property, only they had private access to this land, the mound was there when we viewed in August 2015

3) Can I sue my sols for negligence for not following through with my instruction and now not helping to solve this issue?

4)How do I legally obtain the vendors new address so I can make a small claim case against them for the costs incurred if my sols are refusing to help. Does my solicitor have to give me the details? Does anyone know about filing a claim of disclosure?

I hope you can offer some sound advice or at least point me in the right direction.

Thank you for taking the time to help.

ScorpiondeRooftrouser

I would imagine that if there is a pile of rubbish on land that you were quite aware that they didn't own and wasn't included in the sale, you haven't got a leg to stand on. It being fenced in would only be relevant if they had tried to convince you that they did own that land. I may be wrong, but it would surprise me.

Blackbeard_of_Perranporth

missbooboo wrote: »

We bought a property and the vendors have left a huge skip worth of rubbish. We specifically instructed our sols to chase it up with vendors and their sols (2 months no confirmation) and put it as a condition of sale, although as standard practice vendors have to remove all rubbish on completion.

1)I have asked my sols to chase vendors to remove or pay and they said there is nothing they can do because the vendor did not agree to remove the 2meters high and width mass of garden waste/household rubbish, as they did not consider it as rubbish?!

2)Also that our sols never received a response from the vendors solicitor so our sols says she can not help!

3)Another excuse was because the rubbish was on the side land which is not legally owned but is fenced in within the property, only they had private access to this land, the mound was there when we viewed in August 2015

3) Can I sue my sols for negligence for not following through with my instruction and now not helping to solve this issue?

4)How do I legally obtain the vendors new address so I can make a small claim case against them for the costs incurred if my sols are refusing to help. Does my solicitor have to give me the details? Does anyone know about filing a claim of disclosure?

I hope you can offer some sound advice or at least point me in the right direction.

Thank you for taking the time to help.

I will highlight this.

missbooboo wrote: »

3)Another excuse was because the rubbish was on the side land which is not legally owned but is fenced in within the property, only they had private access to this land, the mound was there when we viewed in August 2015

The bit about the land not being legally owned, and was there when you viewed the property, should had rung bells, and move to view the next. BoP has done this in the past when house hunting.

ScorpiondeRooftrouser

Blackbeard_of_Perranporth wrote: »

I will highlight this.

The bit about the land not being legally owned, and was there when you viewed the property, should had rung bells, and move to view the next. BoP has done this in the past when house hunting.

Why? They knew it wasn't theirs from the start. It's just the same as if they were living next to a road.

They either need to just move their fence and contact the council to see if they will come and move the rubbish from what is presumably public land, or move the rubbish themselves and keep the fence there in the hope of laying claim to that land in the future by adverse possession.

What the OP appears to want to do is keep the fence there and act as if they own the land while trying to get someone else to clean it up. Having their cake and eating it.

HappyMJ

missbooboo wrote: »

We bought a property and the vendors have left a huge skip worth of rubbish. We specifically instructed our sols to chase it up with vendors and their sols (2 months no confirmation) and put it as a condition of sale, although as standard practice vendors have to remove all rubbish on completion.

Thank you for taking the time to help.

It might be "standard practice" but that doesn't really mean anything. One person might think it's rubbish another might think it's a compost heap. I wouldn't consider a pile of garden waste necessarily rubbish.

What did the skip cost anyway? You're not talking about a huge amount of money are you...£100 maybe £150. I'd just move on.

ScorpiondeRooftrouser

HappyMJ wrote: »

It might be "standard practice" but that doesn't really mean anything. One person might think it's rubbish another might think it's a compost heap. I wouldn't consider a pile of garden waste necessarily rubbish.

What did the skip cost anyway? You're not talking about a huge amount of money are you...£100 maybe £150. I'd just move on.

Surely the fact that the rubbish is not on the land they bought is the most salient point here. I don't think anything else really matters.

shaun_from_Africa

If you want the land cleared, you really need to ask the actual landowner to do it but if you want to do it yourself, it won't be too expensive as a 4 cubic yard skip will cost less than £200 and you can fill it in your own time.
IMO, trying to sue someone for not removing waste that is not on their property is not a viable case.
Irrespective of what you instructed your solicitors to do, they can't make it a terms of the conditions of sale to ask someone to clear land that they don't own.

ScorpiondeRooftrouser

I doubt the solicitor asked them to clear land they didn't own. I imagine that they asked them to clear the property. The OP's problem is that they appear to think that because there's a fence round this piece of land, it's part of the property even though it isn't marked as such on the deeds or anywhere else. It isn't, and from what they say, it was never represented to them as such.

hollydays

If it was me and it looked an eyesore I'd consider moving the stuff myself

antrobus

missbooboo wrote: »

...4)How do I legally obtain the vendors new address so I can make a small claim case against them for the costs incurred if my sols are refusing to help. .

Tracing agent.

bris

The money you would spend on a lost cause would be better spent just hiring a skip, this way it's a guaranteed win.


The other way would be a gamble that wouldn't pay off leaving you needing to hire a skip. Why put yourself through all this hassle for something so easily put right?