Declaration of a dispute

Gavin83

This thread confirms what I suspected. There's obviously some cases of black and white but then a whole lot of grey in between and what one person considers a dispute another would consider a discussion. Ultimately what gets put on the form is down to the interpretation of the vendor which simply means most would leave it off unless it falls into the black territory.

As a buyer, if you have issues afterwards you're left with the option of taking it to court and firstly proving the vendor had the same issues and was aware and secondly whether it's a dispute or just a complaint/discussion.

Personally as a seller I'd probably consider most things a discussion. Seems easier that way.

Noneforit999

Gavin83 said:

This thread confirms what I suspected. There's obviously some cases of black and white but then a whole lot of grey in between and what one person considers a dispute another would consider a discussion. Ultimately what gets put on the form is down to the interpretation of the vendor which simply means most would leave it off unless it falls into the black territory.

As a buyer, if you have issues afterwards you're left with the option of taking it to court and firstly proving the vendor had the same issues and was aware and secondly whether it's a dispute or just a complaint/discussion.

Personally as a seller I'd probably consider most things a discussion. Seems easier that way.

Indeed, unless its clearly a dispute with a neighbour so ongoing for a while, other neighbours know about it, perhaps a paper trail, maybe could be proved it was the reason for sale etc etc, its not a dispute. 

NE5

Who is responsible for the maintenance and repair of the top of the upper bay windows that look like this, when the felt needs replaced , and the lower bay window goes down to the ground

https://www.google.co.uk/maps/@54.9872497,-1.6630095,3a,75y,74.48t/data=!3m6!1e1!3m4!1swZQvPRFs1p7vW-lP6pbMIA!2e0!7i16384!8i8192?hl=en-GB  

as in most of the flats in this street here

lepewexele

Is there any expiry to the dispute? for example,  Both neighbors exchanged emails about the dispute and lawyer letters But didn't pursue any further. Should this be declared to the buyer?

user1977

lepewexele said:

Is there any expiry to the dispute? for example,  Both neighbors exchanged emails about the dispute and lawyer letters But didn't pursue any further. Should this be declared to the buyer?

Might be less confusing if you continued your own thread rather then resurrect somebody else's, but I would have thought it safer to declare it if there's any chance of it blowing up again.

GDB2222

lepewexele said:

Is there any expiry to the dispute? for example,  Both neighbors exchanged emails about the dispute and lawyer letters But didn't pursue any further. Should this be declared to the buyer?

The question is very clear:  "Have there been any disputes or complaints about your property or a property nearby?"

So, if you are aware of any disputes, you need to declare them, however old they are. The buyer can then take a sensible view. 

The other point, is what happens if you still don't declare it? If the dispute is really dead and buried, AND the cause of the dispute is no longer of importance, you are probably okay. Probably. Perhaps. 

youth_leader

We had to go to a solicitor to get our neighbour to allow us on 'his land' to check our septic tank soakaway, so I had to disclose the dispute, I worded it very carefully. 

My buyer has now uploaded his listed building consent planning on line and it says he is now on the mains - not sure how he's done that! 

F70

I had this issue and asked my solicitor. 

1. If it relates to the property in any way it must be declared.

2. If it has involved other agencies eg. police, formally with the council or solicitor. This also has to be declared even if resolution has been reached. (Explain this in answer)

3. If the issues have been verbal and a clash of personality that would be resolved when you move away there is no need to declare.

I was number 3 my neighbor made my life mildly inconvenient because unwittingly I put better offer on the house I bought than his son and his son could not go any higher this was first issue.
It was a total renovation he was a builder and wanted to do the work for me. I refused as I was doing it myself except plumbing and electrical work. This was issue two.
I also widened my drive that stopped him being able to park three cars in a row outside his house.

So little things like the fence blew down han her refused to mend it, 60m worth. He had all the bits stacked up in the garden just refused to do it. 

Letting dog crap in my garden.

Would sit and stare in the garden.

Would smoke burn when we had washing out. 

Apparently the new people and him get on great.