Pre-empting a dispute with a neighbour re. shared walls / roof

hopperdennis

Firstly, I hope this is the right place to direct this. I’ve recently purchased a property (in Scotland) that is above one other in a shared building. The one neighbour I share the building with is known to be very difficult, and since purchasing the property that’s been clarified to me, having by chance spoken to all of the 3 previous owners stretching back many years. The budding in in desperate need of  costly roughcasting and some work on the chimneys / roof; water is running down the internal wall when it rains. I’ve not spoken to the neighbour yet, as he is avoiding me, and has previous for this. He is only happy to contribute if the issue is affecting him and the previous owners issues range from him refusing to contribute, to demanding they do (if the party issue is impacting him). I’m now at the stage as I look to get quotes that I need to speak to the neighbour to see where he is at on this, myself having just moved in and he having been there for 30+ years. I should take our first discussion at face value however I know there is going to be massive pushback unfortunately, and perhaps knowing this I could use that to my advantage. I was wondering the best way to try bring the neighbour onboard to clear shared issues, and failing that, which is the likely outcome, what is my alternative in terms of forcing them to pay, any surveyor would agree to an extent that the work is long overdue essential, in fact the previous owner who had the property as a second home sold it for this very reason (I wish she had shared more of the back story with me). Any advice or direction would be so very greatly appreciated 

tacpot12

I don't think you can do much apart from be pleasant and reasonable. You don't to create a neighbour dispute if you can avoid it.

You should make a list of the reasons why it is in his interests to contribute to the repairs. e.g. he has some input into the decisions on how the work is done, who does the work and how much it costs, it will shows you that he is a good neighbour, and will avoid you taking further action. I don't know what legal action you could take in Scotland, but it is always worth letting people know that you can afford to take them to court and that you are relaxed about having to do so! 


You should also ask why he doesn't want to pay and/or invest in the building, and listen carefully to his answer. You are more likely to get what you want if you become his friend rather than his enemy. Don't assume anything before you talk to him. Discuss it with an open mind. He may be helpful in different ways, such as being able to suggest the best contractor, or he might know about the building's construction or where services are run.  

hopperdennis

tacpot12 said:

I don't think you can do much apart from be pleasant and reasonable. You don't to create a neighbour dispute if you can avoid it.

You should make a list of the reasons why it is in his interests to contribute to the repairs. e.g. he has some input into the decisions on how the work is done, who does the work and how much it costs, it will shows you that he is a good neighbour, and will avoid you taking further action. I don't know what legal action you could take in Scotland, but it is always worth letting people know that you can afford to take them to court and that you are relaxed about having to do so! 


You should also ask why he doesn't want to pay and/or invest in the building, and listen carefully to his answer. You are more likely to get what you want if you become his friend rather than his enemy. Don't assume anything before you talk to him. Discuss it with an open mind. He may be helpful in different ways, such as being able to suggest the best contractor, or he might know about the building's construction or where services are run.  

Thank you! I am very much a push over, and plan to go in as suggested with kindness & patience. I am trying to take him at face value however sadly I know from what every neighbour and all the previous owners has suggested how it is likely going to go. I believe a surveyor would say the work is essential, and I guess their is a legal route to mediate a dispute or encourage him to pay his share, but that will cost me. I’m wondering, with the benefit of hindsight, how best to get him onside if my nice and more than reasonable approach doesn’t work, which almost certainly sounds like it won’t.

theoretica

You might be able to get the council to help eg https://www.edinburgh.gov.uk/shared-repairs/shared-repairs-maintenance?documentId=12436&categoryId=20123

sgun

Well there are two properties in your block so that makes you a scheme property. What does it say in your deeds? Both owners are jointly liable anyway but if liability is detailed in your deeds then it makes it a bit easier for you. We did a big roof repair a few years ago split between 16 flats, a couple of the owners were awkward. One paid up after we gave notice that we were registering a charge on his property with the sherrif.  He wasnt happy but hey ho, that's life. The other one was a landlord who wasnt registered but we traced him through FB and threatened to go to the council. He paid up too. Sometimes you just have to be tough. Just make sure you go through all the correct legal processes regarding notices, quotes and timescales so there is no comeback on you. If he totally refuses to pay then unfortunately your only option is having the sherrif register a charge on his property which will not get you your money until he sells, or dies.

Of course, this does not avoid a dispute, it is just an alternative to the softly softly approach which you could try first.

hopperdennis

theoretica said:

You might be able to get the council to help eg https://www.edinburgh.gov.uk/shared-repairs/shared-repairs-maintenance?documentId=12436&categoryId=20123

Thanks, will check out if my local council can help, when the time comes...

hopperdennis

sgun said:

Well there are two properties in your block so that makes you a scheme property. What does it say in your deeds? Both owners are jointly liable anyway but if liability is detailed in your deeds then it makes it a bit easier for you. We did a big roof repair a few years ago split between 16 flats, a couple of the owners were awkward. One paid up after we gave notice that we were registering a charge on his property with the sherrif.  He wasnt happy but hey ho, that's life. The other one was a landlord who wasnt registered but we traced him through FB and threatened to go to the council. He paid up too. Sometimes you just have to be tough. Just make sure you go through all the correct legal processes regarding notices, quotes and timescales so there is no comeback on you. If he totally refuses to pay then unfortunately your only option is having the sherrif register a charge on his property which will not get you your money until he sells, or dies.

Of course, this does not avoid a dispute, it is just an alternative to the softly softly approach which you could try first.

Deeds say we are both liable, party wall, 50%. Think the neighbour knows it’s coming as they’ve been avoiding me, apparently it’s not a money issue either, he is just forever of the mind set he is ‘moving soon’ and isn’t the type to pay for anything if he can get out of it. Or so say all neighbours and the past 3 previous owners stretching back to the 90’s. I just wondered what the correct procedure was when he says no, and yet knowing this work really does need done, that fact is undeniable, and letting the issues with much needed roughcasting and roof work and continue will only cost more in the long run 

George_Michael

hopperdennis said:

he is just forever of the mind set he is ‘moving soon’ and isn’t the type to pay for anything if he can get out of it. Or so say all neighbours and the past 3 previous owners stretching back to the 90’s. 

If he is actually planning on moving soon, that could well work in your favour as you could mention to him about the leak and repairs that are required and make sure that as he is aware of these, he will be legally required to disclose them to any prospective buyer and even if he doesn't, a good surveyor should pick them up.

sgun

George_Michael said:

hopperdennis said:

he is just forever of the mind set he is ‘moving soon’ and isn’t the type to pay for anything if he can get out of it. Or so say all neighbours and the past 3 previous owners stretching back to the 90’s. 

If he is actually planning on moving soon, that could well work in your favour as you could mention to him about the leak and repairs that are required and make sure that as he is aware of these, he will be legally required to disclose them to any prospective buyer and even if he doesn't, a good surveyor should pick them up.

Even better as in Scotland registering a notice of liability on the property means that the debt can be transferred to anyone buying the property.. So try the nice approach first and if that doesn't work you just tell him that you will pay for the lot but will go to small claims and/or register the notice if he puts the flat up for sale. Shelter suggest getting a solicitor to write a letter setting out liability and process but its easy enough to write one yourself using information from Shelter and local council. 

hopperdennis

sgun said:

George_Michael said:

hopperdennis said:

he is just forever of the mind set he is ‘moving soon’ and isn’t the type to pay for anything if he can get out of it. Or so say all neighbours and the past 3 previous owners stretching back to the 90’s. 

If he is actually planning on moving soon, that could well work in your favour as you could mention to him about the leak and repairs that are required and make sure that as he is aware of these, he will be legally required to disclose them to any prospective buyer and even if he doesn't, a good surveyor should pick them up.

Even better as in Scotland registering a notice of liability on the property means that the debt can be transferred to anyone buying the property.. So try the nice approach first and if that doesn't work you just tell him that you will pay for the lot but will go to small claims and/or register the notice if he puts the flat up for sale. Shelter suggest getting a solicitor to write a letter setting out liability and process but its easy enough to write one yourself using information from Shelter and local council. 

This is very helpful, thank you! Sending a legal letter is something I will actually have help with, my concern was having to pay to get a surveyor to prove the work needs done, which it will. If I have to do it myself, at great cost, I will, it needs done, however I was worried there was little recourse and at the very least it’s going to cost me in legal fees.

hopperdennis

Just to update, spoke with the neighbour this morning, had to really make an effort to get him to the door. He said to let him see quotes for any chimney work and he will think about but he isn’t interested in roughcasting / rendering as its not effecting him and he isn’t bothered about the place anymore, didn’t discuss any plans on moving! The shared old party wall is literally letting in running water into mine (surely it would be the same for him below!?), so I said I plan to follow this up with the council alongside seeking legal advice, and he said do what you like, I’ve got all the time in the world (again, this work needs done sooner than later). I’m confident that any surveyor or council or mitigating body will see my case however I need to act on this as cheaply and as soon as possible now. How would you proceed?