Should i tell new neighbours?

user1977

So this wall is outside their title? That's the sort of basic thing that is likely to be spotted during the conveyancing process even without any knowledge of the history. I don't see how you can know this isn't already within their knowledge.

david29dpo

Alter_ego said:

david29dpo said:

Alter_ego said:

Hold on. If it's a breach of covenant they must have seen it when their solicitor explained the lease/freehold.

No one know about be me!

Then it's not a covenant

You don't understand, The sellers solicitor don't know about the breach.

Alter_ego

david29dpo said:

Alter_ego said:

david29dpo said:

Alter_ego said:

Hold on. If it's a breach of covenant they must have seen it when their solicitor explained the lease/freehold.

No one know about be me!

Then it's not a covenant

You don't understand, The sellers solicitor don't know about the breach.

Sorry but it's you that does not understand what a covenant is

david29dpo

user1977 said:

So this wall is outside their title? That's the sort of basic thing that is likely to be spotted during the conveyancing process even without any knowledge of the history. I don't see how you can know this isn't already within their knowledge.

Yes, the wall is outside their title plan. The seller solicitor know nothing about the wall, never been here.

david29dpo

Alter_ego said:

david29dpo said:

Alter_ego said:

david29dpo said:

Alter_ego said:

Hold on. If it's a breach of covenant they must have seen it when their solicitor explained the lease/freehold.

No one know about be me!

Then it's not a covenant

You don't understand, The sellers solicitor don't know about the breach.

Sorry but it's you that does not understand what a covenant is

I know, my partner is a solicitor.

Alter_ego

david29dpo said:

Alter_ego said:

david29dpo said:

Alter_ego said:

david29dpo said:

Alter_ego said:

Hold on. If it's a breach of covenant they must have seen it when their solicitor explained the lease/freehold.

No one know about be me!

Then it's not a covenant

You don't understand, The sellers solicitor don't know about the breach.

Sorry but it's you that does not understand what a covenant is

I know, my partner is a solicitor.

Then ask your partner to explain!

user1977

david29dpo said:

user1977 said:

So this wall is outside their title? That's the sort of basic thing that is likely to be spotted during the conveyancing process even without any knowledge of the history. I don't see how you can know this isn't already within their knowledge.

The seller solicitor know nothing about the wall, never been here.

Solicitors don't need to personally inspect a property to have a reasonable idea of what's on the ground. Estate agent listings have photos, so do Google etc. Or they can (and should) ask their clients (and/or the surveyors) to confirm that the title corresponds with the actual boundaries etc.

eddddy

david29dpo said:

user1977 said:

So this wall is outside their title? That's the sort of basic thing that is likely to be spotted during the conveyancing process even without any knowledge of the history. I don't see how you can know this isn't already within their knowledge.

Yes, the wall is outside their title plan. The seller solicitor know nothing about the wall, never been here.

You seem to be saying...

A previous owner has built a wall which isn't on their land - it's on highway/council land. Is that correct?


If so, there won't be a covenant saying something like "you mustn't build walls on other people's land".

If the highways authority or council don't want the wall on their land, they can knock it down.


The buyers will have received a plan showing the extent of their land, so they probably know where their boundary is, and they can see that the wall is beyond their boundary.



Your partner is a solicitor - what have they suggested you do?

david29dpo

eddddy said:

david29dpo said:

user1977 said:

So this wall is outside their title? That's the sort of basic thing that is likely to be spotted during the conveyancing process even without any knowledge of the history. I don't see how you can know this isn't already within their knowledge.

Yes, the wall is outside their title plan. The seller solicitor know nothing about the wall, never been here.

You seem to be saying...

A previous owner has built a wall which isn't on their land - it's on highway/council land. Is that correct?


If so, there won't be a covenant saying something like "you mustn't build walls on other people's land".

If the highways authority or council don't want the wall on their land, they can knock it down.


The buyers will have received a plan showing the extent of their land, so they probably know where their boundary is, and they can see that the wall is beyond their boundary.



Your partner is a solicitor - what have they suggested you do?

1, Yes
2. The covenant says not to build over a sewer pipe, the wall is.
3. She can't get involved.

Davesnave

david29dpo said:

Davesnave said:

david29dpo said:

paulj2021 said:

If they’ve only just moved in, I’d let them enjoy their house for a while, you could slip it into conversation at some future point. 

I was thinking that but if mentioned now, there is still time for the buyers to enforce The Consumer Protection from Unfair Trading Regulations 2008

How would they do that and would they want to? It would require the neighbours to show the EA knew about problems with this wall which they didn't disclose pre-sale.

If you are you so confident regarding what the EA knew, is there something you haven't told us yet? 

If you are you so confident regarding what the EA knew, is there something you haven't told us yet? Whats your point?

What edddy told you. I assumed you thought the new neighbour might go after the EA, since the  Act you referred to doesn't apply to private individuals, just businesses.