Should i tell new neighbours?

user1977

david29dpo said:

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?

She can't get involved.

We're not saying she should "get involved", just that she seems a more useful source of advice/information to you than some strangers on a web forum. Presumably she has just as much interest in this as you?

goodwithsaving

Don't take your beef with your old neighbours, out on your new ones. They've just spent a huge amount of money on a property - let them enjoy it for heaven's sake. 

teachfast

goodwithsaving said:

Don't take your beef with your old neighbours, out on your new ones. They've just spent a huge amount of money on a property - let them enjoy it for heaven's sake. 

At no point did the OP suggest this was happening. 

Martin_the_Unjust

teachfast said:

goodwithsaving said:

Don't take your beef with your old neighbours, out on your new ones. They've just spent a huge amount of money on a property - let them enjoy it for heaven's sake. 

At no point did the OP suggest this was happening. 

Maybe not, but that’s certainly how it reads to me and, I suspect, others.

purplebutterfly

Is it usual for a property covenant to make stipulations regarding land not owned by said property?  

My covenants only apply to the land within the title plan. 

user1977

purplebutterfly said:

Is it usual for a property covenant to make stipulations regarding land not owned by said property?  

My covenants only apply to the land within the title plan. 

As explained above, you don't need a covenant to prohibit you from building stuff on the neighbours' land!

Indigo_and_Violet

What benefit do you think the new neighbours will gain from you telling them their wall is improperly built?

Options would be
- They could try to claim some refund from the sellers/EA? 
What would the thinking be here? That they have overpaid because they think the property is bigger than it really is? But they've seen the title/deeds. That they have overpaid because of the amenity value of a wall that they might have to take down in the future? Possibly, but I would imagine any extra paid due to the presence of a wall would be minimal in the context of buying a whole house, particularly when weighed against the time, expense and effort of claiming any partial refund. Also the loss of the wall is only a possibility (Highways England might ask them to take it down) rather than a certainty, so they could have years of wall enjoyment left.

-You are concerned being built on the sewer pipe increases the risk of floods/leaks?
Unless it's a very substantial wall, the risk of damaging an underground pipe seems minimal. If a leak does happen and the wall blocks access to fix it then it's not hard to knock down a wall and Highways England can charge the home owner for the work if needs be. 

Something else?

It reads a little bit like you're annoyed because your old neighbours took something they weren't supposed to (building a wall they shouldn't). Now the new neighbours are in perhaps you see it as your opportunity to correct this historic wrong and restore cosmic balance? However, the problem is the wall isn't built on your land, it's built on HE land. So you can't force them to take the wall down, only HE can. 

Personally, I'd leave it for now. The new neighbours may or may not be aware that the wall is dodgy. If they know, you telling them won't achieve anything. If they don't, you telling them is more likely to lead to them being upset and worried than it is to them being incredibly glad to know. If the new neighbours start doing lots of additions to the wall (nice trellis, a few raised beds in front of it) then yes, tell them that they might want to proceed with caution. However, to flag it now feels a bit like you taking your frustration at your old neighbours out on your new ones. 

unforeseen

Where is this magic covenant that applies to land outside both your curtilages documented such that only you know about it? 
And if it is not on their land why would it affect them? 

david29dpo

Indigo_and_Violet said:

What benefit do you think the new neighbours will gain from you telling them their wall is improperly built?

Options would be
- They could try to claim some refund from the sellers/EA? 
What would the thinking be here? That they have overpaid because they think the property is bigger than it really is? But they've seen the title/deeds. That they have overpaid because of the amenity value of a wall that they might have to take down in the future? Possibly, but I would imagine any extra paid due to the presence of a wall would be minimal in the context of buying a whole house, particularly when weighed against the time, expense and effort of claiming any partial refund. Also the loss of the wall is only a possibility (Highways England might ask them to take it down) rather than a certainty, so they could have years of wall enjoyment left.

-You are concerned being built on the sewer pipe increases the risk of floods/leaks?
Unless it's a very substantial wall, the risk of damaging an underground pipe seems minimal. If a leak does happen and the wall blocks access to fix it then it's not hard to knock down a wall and Highways England can charge the home owner for the work if needs be. 

Something else?

It reads a little bit like you're annoyed because your old neighbours took something they weren't supposed to (building a wall they shouldn't). Now the new neighbours are in perhaps you see it as your opportunity to correct this historic wrong and restore cosmic balance? However, the problem is the wall isn't built on your land, it's built on HE land. So you can't force them to take the wall down, only HE can. 

Personally, I'd leave it for now. The new neighbours may or may not be aware that the wall is dodgy. If they know, you telling them won't achieve anything. If they don't, you telling them is more likely to lead to them being upset and worried than it is to them being incredibly glad to know. If the new neighbours start doing lots of additions to the wall (nice trellis, a few raised beds in front of it) then yes, tell them that they might want to proceed with caution. However, to flag it now feels a bit like you taking your frustration at your old neighbours out on your new ones. 

Excellent, thank you

david29dpo

unforeseen said:

Where is this magic covenant that applies to land outside both your curtilages documented such that only you know about it? 
And if it is not on their land why would it affect them? 

Who said the covenant applied to land outside? If you didn't know what you are taking about, best to keep quite.