Purchasing Property with boundary dispute

db2487

thanks doodling. your information has been really helpful and will certainly give some good direction when we are talking to solicitors/estate agent etc

ciderboy2009

Just to add something which nobody has mentioned - if either of the properties is currently mortgaged then the lender(s) will have to agree to any solution -  whether an easement or another option.

This will more than likely extend the time required to sort it and add to the costs.

user1977

GDB2222 said:

I take it that this property is being sold at a fraction of its normal price, to reflect the problem?

I suspect it would be quite a large fraction though, assuming the worst case scenario isn't hugely expensive (remove the offending bit of guttering? Depends where the rainwater then goes.).

robatwork

You could take a builder round just to give you perspective on if there's an easy (<£1000) solution to move or otherwise alter the guttering or structure so it doesn't overhang. Even if there's a more complex solution that'll cost £10,000 that may be easily negotiated off the asking price.

But as others have said, I wouldn't proceed until you/they have this sorted.

[Deleted User]

Can the gutter not be relocated?

Thing is, even if you get an easement you will still have to maintain that gutter to your neighbour's satisfaction, and they make make it difficult e.g. by limiting access to their land for repairs.

The neighbour could use this to extract cash, and you could use it to get a hefty discount, but if the end result is not that the gutter is moved then I'd be very careful going into this.

firebubble

I wouldn't buy it until the issue was resolved. Whilst there are a number of potential solutions which other posters have mentioned, you have to assume that the seller and their neighbour have been through them, and for whatever reason have rejected them all. 

There is nothing to stop you writing to the neighbour - explain you're writing because you're interested in buying the house next door, you're aware there is a dispute about the gutter, and what would the neighbour's preferred solution be? If the neighbour doesn't answer, or makes a ridiculous demand, you've got your answer about how sensibly this can be resolved (and also whether your neighbour is someone you actually want to live next door to....).

The cost of the neighbour's preferred solution will also give you an indication of the sort of price chip/retention you should be seeking from the seller, although really, the issue should be solved before you move in because then your relationship with your new neighbour is untainted by this (and who knows, this could just the be latest in a long line of arguments).

If you do proceed, make sure you check very carefully where the boundary is, that it's clearly defined (ie a party wall or fence rather than a hedge) by reference to measurements on a plan rather than just a picture, and that it's clear in the deeds who has responsibility for maintaining.