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What to declare to sellers regarding neighbours.

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PhilE
PhilE Posts: 566 Forumite
edited 11 July 2017 at 12:14PM in House buying, renting & selling
So following on from my previous thread, I'd like to send my neighbor an informal, unsigned note.

I understand that neighbor disputes have to be declared to buyers, and have read that anything you have made to them in writing must also be declared. I'm hoping this will not get to this stage.

However would an informal, unsigned note have to be declared?


I'm considering the informal note over knocking on the door, as possibly it would give less reason for confrontation, and some carefully chosen words on my part to think over.

As its my mums house and I dont live there, I'd also like to provide my address so they can come and find me if they are angry, instead of knocking on my mums door.
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  • sevenhills
    sevenhills Posts: 5,905 Forumite
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    If you feel its a big issue and needs sorting before you sell it, then you should declare it; but if you do nothing, there is nothing to declare.
    If its an issue for you, perhaps other neighbours have already tried to do something, a anonymous note will achieve very little.
    What do you expect your neighbour to do, stop working so they are at home, or get rid of the dog; both will take a very big complaint.
    Has anyone spoken to the owners?
  • PhilE
    PhilE Posts: 566 Forumite
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    sevenhills wrote: »
    If you feel its a big issue and needs sorting before you sell it, then you should declare it; but if you do nothing, there is nothing to declare.
    If its an issue for you, perhaps other neighbours have already tried to do something, a anonymous note will achieve very little.
    What do you expect your neighbour to do, stop working so they are at home, or get rid of the dog; both will take a very big complaint.
    Has anyone spoken to the owners?

    Your looking at the wrong previous thread. I said it was my mums property.

    My understanding is that you have to declare potential problems. So if asked 'are the neighbors quiet,' and the students next door blast music till 2 am every night, the fact that you haven't complained to the council about it, wouldn't mean that you don't have to declare it.

    But my question here, is would an informal note have to be declared, or would it be regarded as having a friendly chat with the neighbors which wouldn't necessarily have to be declared.
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
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    I suppose it depends on where things go from there. If they turn up on your doorstep and punch you in the face, that needs to be declared. If they say "gosh, sorry, I'll sort that right away" and do so, no I wouldn't think it needs declaring. There are several shades between those though!
  • Guest101
    Guest101 Posts: 15,764 Forumite
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    You have to declare all disputes.
  • PhilE
    PhilE Posts: 566 Forumite
    edited 11 July 2017 at 12:43PM
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    @Rosemary

    Yes, any escalation like that would need to be reported. However, I'd like them to have my address so that they know where to direct their anger should it come to that. Actually received that advice from a psco to do that. I was advised to make sure they have my address/number, so that they don't bang on my mums door.

    And I think it should be ok to say to a buyer, 'had an issue with the neighbor re balls coming over, left them a friendly note.'
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    I must be missing something....

    If your Mum is selling, why do you need to do anything?

    Otherwise, why are you worrying about declaring a dispute?
  • PhilE
    PhilE Posts: 566 Forumite
    edited 11 July 2017 at 12:46PM
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    Davesnave wrote: »
    I must be missing something....

    If your Mum is selling, why do you need to do anything?

    Otherwise, why are you worrying about declaring a dispute?


    Thinking of the future mate.

    Might move her into a bungalow at some point, if stairs become a problem for her.
  • eddddy
    eddddy Posts: 16,487 Forumite
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    edited 11 July 2017 at 1:09PM
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    The questions that your mum will routinely have to answer on the Seller's Property Information form are:
    2.1 Have there been any disputes or complaints regarding this property or a property nearby? If Yes, please give details:

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

    Having a discussion with a neighbour about a problem isn't a dispute or complaint.

    As for writing a note - it depends what the note says. If the note is complaining about something, then I guess it's a 'complaint'. If the note is disputing something, then I guess it's a dispute.

    So you could choose your words carefully. But you might get a response which is clearly a dispute or complaint.


    Edit to add...

    Your mum has to answer the questions to the best of her knowledge, so I guess arguably, if you have a massive argument with the neighbour, but your mum never finds out (and the neighbour never tells her), your mum cannot declare it on the form.
  • TBagpuss
    TBagpuss Posts: 11,204 Forumite
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    PhilE wrote: »
    Your looking at the wrong previous thread. I said it was my mums property.

    My understanding is that you have to declare potential problems. So if asked 'are the neighbors quiet,' and the students next door blast music till 2 am every night, the fact that you haven't complained to the council about it, wouldn't mean that you don't have to declare it.

    That's not quite right. If you were specifically asked whether the neighbours were quiet you can't lie about it.
    But if you are not asked, and are only filling in the standard property information forms, then you only have to answer the question on the form, which asks whether there have been any disputes or complaint regarding the property or a property near by and whether the seller knows of anything likely to give rise to a complaint or dispute.

    But my question here, is would an informal note have to be declared, or would it be regarded as having a friendly chat with the neighbors which wouldn't necessarily have to be declared.

    The issue is whether it is a dispute or complaint, so it would depend on what you say in the note. If you say ' could we have a chat about the fence ' then you don't need to disclose that as a complaint or dispute. You may, already, in any event, feel that it is disclosable as something likely to cause a dispute or complaint. If you don't disclose and the buyer feels it is complaint worthy, then having sent a note about it would make it much harder for you to deny that you knew there was something likely to result in a dispute.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • sevenhills
    sevenhills Posts: 5,905 Forumite
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    PhilE wrote: »
    Thinking of the future mate.

    Might move her into a bungalow at some point, if stairs become a problem for her.

    How much in the future, some dogs only live eight years.
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