Help! Trespass to land/nuisance

Fionakathleen

Hello everyone, really hoping I can get some advice as I have serious brain ache over this

I have the contract to sign on my first house! The property is a mid terrace. Very exciting!!... until I’m contacted by the seller telling me that they have received a letter from next doors solicitor for trespass to land/nuisance :eek:

Next door was bought very recently at auction by someone who is wanting a quick turn around to rent it out to students.

Now... the property I am buying has a brick outhouse attached to it that was there when the seller bought it in 2003. This outhouse goes onto next doors land by 70cm.

Looking at land registry plans from the seller, the outhouse is there (and over the red boundary line) and also shows a smaller outhouse joined to it and attached to the neighbours property which has since been removed. The roof on the outhouse is pitched and clearly shows no land was stolen after their outhouse was removed and evidence of this can be seen on the neighbours external wall.

The neighbor did previously ask the seller if they could knock the outhouse down back to the boundary line that’s shown on the land Registry plans but was refused due to my plans to turn it into a utility/downstairs toilet.

So... forward two weeks and I’m ready to sign and the letter of claim : trespass to land/nuisance arrives Solicitors acting on behalf of a company (the neighbours ) stating the “shed” is causing damp damage to the property and that if we don’t agree to it being knocked down back to boundary line SO THEY CAN EXTEND out to the length of their garden that they will claim loss and damages to their property which includes re-building, re-pointing brickwork and re-plastering the damp area and area the “shed” has been removed.

Oh and just to add a little extra in... the neighbour/company has said they will buy the house for cash...

So yes... I don’t know what to do... i don’t want to loose the house I’ve fallen in love with. Any help/advice would be GREATLY appreciated

davidmcn

What advice is your solicitor providing?

Fionakathleen

As yet my solicitor unfortunately hasn’t gotten back to me.

davidmcn

Fionakathleen wrote: »

As yet my solicitor unfortunately hasn’t gotten back to me.

Well, nothing much is going to happen until they do. And given you're paying them for advice, and they've seen the deeds, better you speak to them rather than us.

G_M

Your solicitor can best advise on the legal situation.

But purely on the basis of what you've said I would withdraw and start looking elsewhere.

At best, the neighbour's claim will be hopeless and withdrawn but you'll be moving in next door to someone already antagonistic. That could ruin life for you.

At worst, legal wrangling could go on for months, at great cost of both stress and money, and end up with you losing.

Or somewher in between.

None of those scenarios would appeal to me and given the stage you are at, with minimal financial commetment as yet, get out now.

Fionakathleen

Ok thank you

SallyDucati

I would also consider the fact they are wanting to build an extension the whole length of the garden. This will impact on the feel of the garden of the house you are in the process of buying. If they are wanting to rent to students they are probably wanting to maximize the space they have.

Personally I would cut my losses and look for something else.

shortcrust

I’m sorry to be all doom and gloom but I’d be pulling out over the student let next door, especially with a shared yard if that’s the situation. I’ve had a few really unpleasant experiences of student neighbours and wouldn’t take the risk again. The most recent one - when complaining about a 2am mid week thumping garden party - was being told that people with kids should get better jobs, earn more money and move to a different area if they’ve got a problem with the noise. Fortunately - for me - I was only visiting.

Slinky

As soon as I saw 'company renting to students next door' that was the signal to exit fast.

SmashedAvacado

This seems like a massive try on by the neighbour to get your house from your seller cheaply.
But actually its also something your seller needs to solve. I am not sure why you as buyer are being asked to form a view. What does your seller say about all of this? If this is nonsense your seller should write a very strongly worded letter to them indicating that this type of vexatious threat might cause them substantial damage if they lose you as buyer.

diggingdude

SmashedAvacado wrote: »

This seems like a massive try on by the neighbour to get your house from your seller cheaply.
But actually its also something your seller needs to solve. I am not sure why you as buyer are being asked to form a view. What does your seller say about all of this? If this is nonsense your seller should write a very strongly worded letter to them indicating that this type of vexatious threat might cause them substantial damage if they lose you as buyer.

i guess it is because the seller is being nice/naive and selling on the problem