Next door is selling - is now a good time to solve a land dispute?

davidmcn

ajgwilliam wrote: »

would contacting the legal firm handling the sale be a way to ensure this is dealt with?

Contacting your neighbour would be a way of (possibly) ensuring it is dealt with. Going over her head and contacting her solicitor directly isn't going to help. All they would do is pass on the communication from her odd neighbour and ask what she wants to do about it.

steeeb

Isnt access to repair the joists by lifting up your floorboards?

Very strange in any case.

ANGLICANPAT

Id definitely immediately write to your neighbour , bringing up the anomaly of the cellar design , sympathizing that you suddenly recognise it would be a worrying problem for her whilst trying to sell - as would it be for you when you sell, so you now plan to sort it legally for the benefit of both of you.

The market is slow right now , your letter (preferably handed to her when you're in company ) would mean she would have to declare the issue to her solicitor on the property information form - which at worst could stop buyers, and at best ensure a slow troublesome sale involving indemnities and price reductions.

She may well then feel very grateful to hear your following kind suggestion to free her of this incumberance , by having alterations done at your expense , to put the cellar division right (how you want it).

patman99

If the neighbour agreed to sel you her cellar, would that not create an issue whereby your cellar would run under her property?.

It might be easier to look at building a dividing wall immediately below the existing partitioning wall between the two houses (actually, how is that wall held up?).

greenface

will probably just be a floating freehold . No issues if its above the house / split bedroom space etc . cannot see an issue below .

vqmismatch

Assuming they are looking to trade up this might be a useful chance for them to get some extra cash in to increase their deposit and help with fees.

Nip round and offer them a wedge for it plus covering the legal fees and I'm sure they will be delighted. Perfect timing for both of you as they will likely be packing up so not need the space.

martindow

patman99 wrote: »

(actually, how is that wall held up?).

A good question - I suppose the OP can't tell without going into the neighbour's cellar.

hazyjo

ajgwilliam wrote: »

I didn't want to rock the boat with my neighbour so told myself that if she sold, then I would sort it out. That time has come. My question is: how do I ensure that during the process of the property changing hands, a resolution to this problem is found?

Thank you in advance

In answer to this and your heading - it's not the best time, but better now than with your new neighbours. I would have sorted it out when buying the house, or at least while living there. It's likely to add a month or two (at best) to their timescales. Not great if they're in a chain.


I am only speculating - but was in a similar position where a Deed of Rectification (or something similar) was required. It's not going to be sorted out in a day.


Good luck!


Jx

steeeb

patman99 wrote: »

If the neighbour agreed to sel you her cellar, would that not create an issue whereby your cellar would run under her property?.

It might be easier to look at building a dividing wall immediately below the existing partitioning wall between the two houses (actually, how is that wall held up?).

I think you've misread or misunderstood. Both cellars are under his front room.

ajgwilliam

Id definitely immediately write to your neighbour , bringing up the anomaly of the cellar design , sympathizing that you suddenly recognise it would be a worrying problem for her whilst trying to sell - as would it be for you when you sell, so you now plan to sort it legally for the benefit of both of you.

The market is slow right now , your letter (preferably handed to her when you're in company ) would mean she would have to declare the issue to her solicitor on the property information form - which at worst could stop buyers, and at best ensure a slow troublesome sale involving indemnities and price reductions.

She may well then feel very grateful to hear your following kind suggestion to free her of this incumberance , by having alterations done at your expense , to put the cellar division right (how you want it).

Thank you. This is the sort of advice I was after. I'll put together a letter.

With regard to hindering the sale, properties in this neighbourhood sell within a week, and sometimes within the same day! No !!!!!!. It's crazy around here. She will have a made a killing.

The extra stress for me is that the timing is terrible - I am about to leave the country for month, in two days time!