Declaration of a dispute

NE5

Can someone tell me please, at what stage of a dispute does a declaration of a dispute need to be at, when you are selling a property ?

Is it when solicitors letters are sent out, even if the dispute is resolved ?

Browntoa

I would say at any point where you have approached your neighbours about noise , boundaries etc even if it was only verbal. 

Remember that an angry neighbour is most likely to say " I told the old owners " 

babyblade41

I would disclose any point where a verbal cross over has happened.

housebuyer143

If you think it's a dispute, then it probably is and needs declaring. 
Calmly talking to your neighbour about a problem is likely fine, sending solicitor letters... I doubt it. 

Woolsery

babyblade41 said:

I would disclose any point where a verbal cross over has happened.

For me it would depend on how long ago, whether there was some sort of resolution and how serious the disagreement was. People fall out about things, but they also resolve differences or reach acceptance over time.

The matter of degree makes it hard to give firm guidance, unless one participates the sort of bottom-covering typical in surveys, which often make things sound much worse than they are! The neighbour may also deserve to meet the new occupant of your home without a prior notion they may be 'difficult' in some way.

Obviously, any challenge about boundaries should be recorded, but people disagree about much more than those.

aoleks

According to the typical overzealous forumer here, the moment you think about it or ask a question about it online.

Back on planet earth, it’s when you verbally raise it as an issue with your neighbour. That’s the trigger than can lead to legal disputes and other matters.

What is the issue in your case?

user1977

To be more pragmatic about it, it's "what would my buyers sue me about when they discover I had failed to disclose it" i.e. something which might have changed their decision to buy, or at least affected the price.

The questions on the form cover any "dispute", and also "things likely to lead to a dispute" (e.g. because you've been too scared to complain to the neighbours...). Despite popular opinion, it doesn't need to be made "formal" in some way. But it does need to be ongoing (e.g. no need to declare some personal beef you had with a neighbour who has since moved on).

UnderOffer

Are you selling because of the dispute? 

hazyjo

Seems to be some confusion here if you're asking:

1. I have definitely had a dispute and want to know when it gets declared - eg on Property Information Form.

Or 

2. I may have had a dispute. How far down the line does it have to have got in order for me to have to to declare it - eg I've verbally asked them not to play music so loud, but haven't complained to the council/police.

I took it as number 1, but can you clarify?

GDB2222

The official explanatory notes help a little:

Section 2: Disputes and complaints

This section aims to provide information about any existing disputes, or complaints or anything that could lead to a dispute in the future.

Question 2.1

The seller should provide information about any existing disputes. This could include the cause of the dispute (for example, complaints relating to noise) and any action taken to resolve matters.

 The seller should also provide information about disputes that have arisen in the past.

Question 2.2

The seller should provide information about anything that could lead to a dispute in the Future.

SavingPennies_2

Browntoa said:

I would say at any point where you have approached your neighbours about noise , boundaries etc even if it was only verbal. 

Remember that an angry neighbour is most likely to say " I told the old owners " 

babyblade41 said:

I would disclose any point where a verbal cross over has happened.

I've never had a dispute - however - would you *really* disclose a "dispute" if on one occasion in many years you (for example) you asked the neighbour to turn the music down, or kids to stop kicking a ball into the garden, or to move the car from blocking their drive? To me this is not a "dispute" and I find it hard to believe that people would actually risk selling their home and disclose such a thing. I'm not a confrontational person but I imagine conversations like this happen all the time and nothing comes of it, they are hardly "disputes", just part of life and living in the vicinity of other people.

However if it's got the stage of solicitors letters, then yes I would say that is a dispute that needs declaring (even if resolved).