Selling house, row with neighbours...

mermaid85

martindow wrote: »

I'm not sure I'd agree with this. If these people have fallen out with one set of neighbours they are more likely than most to do the same with the next set.

This is some of my concern.... yes I am very much in the wrong for just removing their line, but surely people are going to question some of the other things and wonder why they have ever become an issue? Such as the dog... why wait 2.5 years before mentioning that there is a noise issue.

I have tried to go round and apologise but she refused to answer - I could hear her the other side of the door. Not sure what my next move is going to be, I was hoping to suggest that we sat down and had an honest discussion to clear the air and any ongoing problems. I honestly have no idea what I have done, other than own a dog, that has upset them so much... since their letter, I have had filthy looks every time they see me, despite the fact that we have done all we can, including trying to speak to them about the problem :undecided:

Marvel1

Speak to your Solicator and say what you have told us for the correct answer.

Guest101

Andypandyboy wrote: »

Can you link to guidance to support that?

It seems to me that it is how the word dispute is defined that is the nub of the issue. Many people have disagreements or minor issues with their neighbours but at what point that becomes a "dispute" needs clarification.

I would suspect it is only when officialdom; council, police, etc., become involved, otherwise anyone who has ever asked their neighbours to reign in a noisy teen party or move their car from across their drive, or to only do DIY at certain times, would fall foul of that.

I don't think the line of thinking is " How can the buyer prove it without evidence"? It is more what is the norm and what is outside the norm and so needs to be documented.

Guidance? Who would you like that guidance issued from and to?


The PIF asks a specific question, depending on the wording, in most cases this means any dispute with the neighbours.


However the seller has 'plausible deniability' if the dispute is purely verbal. The buyer has to convince a court that it happened, which would be difficult.


It's not a dispute to ask a neighbour something, it's a dispute when there isn't agreement on the subject.

Clutterfree

IMHO if the council were involved with the dog situation then you should disclose it.

Years ago we had a boundary dispute with one of our neighbours.
It was resolved in court.
When we completed the PIF we declared this dispute, along with the court papers and stated that there had been no problems since.

I spoke to our buyer last week and she had just had the LA searches back. Along with the expected planning permissions, etc she also got paperwork relating to the dispute with our neighbour!
I didn't realise that searches even covered things like that.

If we hadn't been honest on the form, imagine what the buyer would think. Huge red flag right there.

You must be honest.
Shame about the fence/line thing - wasn't really a good idea when you're trying to sell your house.

Good luck.

carefullycautious

I would explain that they have problems with your dogs barking and that this should be resolved when you move. I would also say that due to a breakdown in communication you have not been able to discuss with them the fixing of the line and therefore removed it.


What else can you say but the truth.

Smodlet

Assuming you are buying another property, maybe ask yourself how you would feel if your vendor withheld information from you about their neighbours, then left you to repent at leisure?

Just a thought.

mermaid85

Smodlet wrote: »

Assuming you are buying another property, maybe ask yourself how you would feel if your vendor withheld information from you about their neighbours, then left you to repent at leisure?

Just a thought.

I agree entirely with this. The problem is that I feel this is a personal issue, I've honestly got no idea what we have done to upset them, this time last year everything was fine - I popped round to tell her about an attempted break in to warn them and spent 2 hours chatting with her. Then out of the blue got the dog letter, and they have refused to speak to us since.

If they were out and our "problem neighbours" then we would have to tell buyers, but it seems more like a personality clash.

Andypandyboy

Guest101 wrote: »

Guidance? Who would you like that guidance issued from and to?


The PIF asks a specific question, depending on the wording, in most cases this means any dispute with the neighbours.


However the seller has 'plausible deniability' if the dispute is purely verbal. The buyer has to convince a court that it happened, which would be difficult.


It's not a dispute to ask a neighbour something, it's a dispute when there isn't agreement on the subject.

Guidance from those who issue the forms? As I said, it is the definition of dispute
(specifically as it is applied to those forms) that is at the heart of it.

david1951

I didn't realise that searches even covered things like that.

This may be why many people have a hunch that only documented disputes need to be disclosed - as only these disputes will show up in searches.

Implicitly, however, the PIF suggests other disputes should be included (reference to "anything which might lead to a dispute"). How can an official dispute be disclosed if it hasn't been documented yet?

So, there appears to be a grey area and whether you need to disclose these disputes is something for your legal counsel to advise.

Guest101

Andypandyboy wrote: »

Guidance from those who issue the forms? As I said, it is the definition of dispute
(specifically as it is applied to those forms) that is at the heart of it.

The forms are issued by the law society, here is the guidance:


Section 2: Disputes and complaints


[FONT=Arial,Arial][FONT=Arial,Arial]This section aims to provide information about any existing disputes, or complaints or anything that could lead to a dispute in the future.

[/FONT]
[/FONT]Question 2.1


[FONT=Arial,Arial][FONT=Arial,Arial]The seller should provide information about any existing disputes. This could include the cause of the dispute (for example, complaints relating to noise) and any action taken to resolve matters.

The seller should also provide information about disputes that have arisen in the past.

[/FONT]
[/FONT]Question 2.2


[FONT=Arial,Arial][FONT=Arial,Arial]The seller should provide information about anything that could lead to a dispute in the future.


[/FONT]

[/FONT]As I said, you must declare everything.