how to obtain vendor's new address to sue them

Manxman_in_exile

I think Wealdroam is right too!
The OP's solicitors may (I stress may) be at some fault for not explaining the situation fully and clearly, but it seems to be the OP's problem. And I don't say that lightly because I can appreciate that it could be a real issue from the point of view of enjoying the new property.
OP - are you worried about annoying the landowner with some sort of neighbour dispute? You mentioned management agents. Is the landowner a true neighbour, or are they in some sense "absent"? Can you make life difficult for them, or can they make life difficult for you?
If it's an eyesore/public health issue, I'd be contacting your local council for advice.

Manxman_in_exile

I take the OP at face value but !!!!!! may be right too

ScorpiondeRooftrouser

missbooboo wrote: »

Sorry maybe I wasn't clear.

1) The property was being sold to me with the side land as legally owned by vendor that is why I was interested in buying, after 4 months into the conveyancing process it was proved it was not..but the management company who owned the land said the vendors were responsible for the upkeep whilst they lived there (4 years)-the same rules will apply to new owners.

2)This is not just a pile of garden rubbish or good compost material, it is a combo with old furniture, carpet, barb wire, scaffolding poles, broken fence panels and other things.

3) At the very start I had instructed my sols to write it as a condition for the rubbish to be removed before completion.

4) Surely even if this land was legally owned or not by the vendor the fact is they created the mess and it was is theirs, so they should be responsible for removing it. If someone fly tipped/littered and they were reported they would be fined!

I understand I can quickly resolve this by hiring a skip and removing it myself. But my sols were unprofessional then and unhelpful now. It is the principle and terms of contract that I want the vendors to adhere to and the sols to be responsible for their basic job which I paid for.

Thanks for your advice.

1. What did the vendor get out of this? What do you expect to get out of this? How can the owner of that land make you responsible for its upkeep and what rights will they give you in return? Have you signed anything and does it have any legal standing?


Just as an aside, if the reason you were interested in buying was the land, then why did you continue when it was proved you wouldn't own the land, you would just have an obligation to maintain it?

3. Was this before you knew the land did not belong to the property? Did you ask right at the start for the property to be completely cleared of rubbish or did you specify "the pile of rubbish on land not owned by the property"? If the former, then once it was established that land did not belong to the property, clearly that the pile of rubbish was not relevant.

4. It's not fly-tipping as the land is owned by somebody. And the landowner apparently knows they are dumping rubbish on it and doesn't care.
If the landowner knows the rubbish is there then it comes down to your agreement on maintenance - does this have any legal standing? If not, and if they want to keep it there, then you can't do anything about the rubbish even at your own expense, except report it if it becomes a health hazard.

You must realise that once it became clear the land was not part of the property, the condition you were asking for was an extremely unusual one. If I throw rubbish into my neighbour's garden with my neighbours consent, that is matter between he and I. When I sell the house nobody can place conditions on my neighbour; and it is difficult for anyone to place a condition on me to perform a task I have no legal right to perform.

The exact nature of the agreement for maintenance of the land is important.

missbooboo

1)This property had been advertised and sold by same estate agents 3 times and stated the extra side land did belong to the property. It turns out the side land used to be a heavy border of big bushes and shrubs belonging to the children's park that is next to the house. The house fence line had been moved the bushes had been cut down.

2)We only got the land clarified 2 weeks prior to exchange, 5 months had passed by. We highlighted to our solicitor that we wanted all rubbish all cleared from the very beginning prior to knowing the land outcome. At first we liked the house as there was potential to extend but after finding out the land was not legally ours we were disappointed but was content with the sizeable garden plot it came with. We just wanted the buying process to end so my husband can relocate and start looking for another job. He travelled a lot for his job and we were out of the country mostly or many hours drive to the house.

3)The management company owns the land that the whole estate is built on, they are not aware that the vendors have left such rubbish on the said land. From your advice I will however inform them and see what they will do about it. We have not signed a contract with the management company regarding the upkeep of the extra side but did receive an email from their legal department informing our solicitors that if the land was not kept to a good standard then the land would be taken away.

4)We are not interested in claiming the land, nor managing it and in hope to end this situation by informing the management company of this and moving the fence line to its correct position. The responsibility to remove rubbish then becomes their problem, they can chase the vendors for the cost involved. I have seen movement in the heap of rubbish, our neighbours have said rats and foxes have also been sighted near it.

5)We have mainly focused on the side land garden rubbish, as you advised we can not sue the vendors for that because the rubbish is sitting on land that belongs to the management company so that's a fight between them. However we have just discovered a whole load of stuff including heavy bench gym equipment in the loft and more stuff in the shed after hacking away the ivy to gain access through the door. Oh we didn't want their tall fridge/freezer and washing machine, we stated this on the contents form, surely we have a case here for them to remove this stuff? Can we get our solicitors to get vendor's new address from their solicitors? The vendors are cheeky lazy filthy !!!!!!s, it is not right that they can get away with this..what's the point of these laws if they protect the wrong people?

Thank you for all your help and great advice.

DCFC79

Put the gym equipment, fridge/freezer and washer on freecycle.

LilElvis

DCFC79 wrote: »

Put the gym equipment, fridge/freezer and washer on freecycle.

...... or contact your local scrap merchants or council to remove the items.