Selling my house - Obligation to disclose..

davidmcn

Dryw wrote: »

Do I just ask my solicitor for advice.

Given you'll be paying lots of money to your solicitor for advice - why wouldn't you ask them?

SG27

G_M wrote: »

It's never bothered you till now when you wish to sell. Now it's bothering you.

And it may make your sale more difficult. Dealing with issues in good time rather than last minute is always simpler.

The PIF asks:
https://www.lawsociety.org.uk/support-services/documents/ta6-form-specimen/

I would say no to both of those. The excess garden has no right, and there is no arrangements in place? Arguable in a court of law maybe?

G_M

OP says the land in question, which is 'part of a neighbouring property', has been used by occupants of his property for 40 years.


Clearly there is a right being excercised, and clearly there is an arrangement albeit informal/lost in time (and space......), and clearly it is a benefit.

AH1509

Oh my goodness. I had the exact issue which cost me a buyer just before exchange.
I would say be truthful and upfront, it saves so much unecessary headache. Yes the buyer’s solicitor should do these checks but it can cause unecessary delays with enquiries and indemnity insurance requests etc. I had a post on this issue also and I was asked to pull back the fence and provide picture evidence ahoing correct boundries which delayed exchange by a week and cost hundreds! Just tell all involved the real boundries.