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Neighbour blocking sale
Sheelha
Posts: 4 Newbie
Our neighbour has a small holiday cottage and we share a septic tank. We are trying to sell, have a buyer, but the buyer refuses to sign the contract before she has a written agreement that any costs associated with the tank will be shared. Our neighbour, who is not very well and in her 80s, refuses to sign, and refuses to let her son help her. She would also have to get her cottage registered with Land Registry (we would pay) and this she does not want to do either, it seems. Our buyer's main concern is that our neighbour's son will inherit the cottage and run it as a holiday let, which might cause blockages with the septic tank which she would have to pay for, always. What can we do to facilitate our sale? Is our neighbour required by law to share costs, simply by virtue of sharing the use? Even if we had a signed agreement, could our neighbour refuse to share costs anyway? Should we build our own septic tank, not shared with anyone as a way around this problem?
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Comments
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What's the current position, and what's your solicitor's advice? I doubt she has to register her property, why can't your buyer accept the status quo?2
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Does the neighbour pay anything towards the maintenance and/or emptying of the tank at the moment?
We share a treatment plant with our neighbour (located on our property) and the deeds of both our houses stipulates that all costs must be shared.
If they are unwilling to pay you may have a case for removing their access to the plant (depending on where it's located).0 -
Why is the son running it as a holiday cottage any different to the neighbour running it as a holiday cottage now?
Assuming things have been working fine to date it seems unreasonable of the buyer to insist on imposing a formal agreement on your neighbour who is not party to the contract. I would be inclined to tell them that they accept the status quo or you will have to remarket.2 -
^ Probably they use it as a holiday cottage for their own personal purposes, not renting it out to randoms.
I'd agree with the buyer tbh. If it's shared use then it should be shared maintenance. I'd not want to buy that and be lumped in with that situation.
Maybe offer the neighbour a sweetener to get it sorted. Try dealing with the son if has POA or sorts her affairs.1 -
Can you not get an indemnity policy to cover it?0
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Install a new system?
Threaten to disconnect the neighbour if the sceptic tank is on your property?4 -
According to this, it's about £3700 to £5500 to install a new septic tank. https://www.checkatrade.com/blog/cost-guides/septic-tank-installation-cost/ That seems a less expensive way out of this problem than I thought.penners324 said:Install a new system?
Threaten to disconnect the neighbour if the sceptic tank is on your property?
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Sheelha said: Our neighbour, who is not very well and in her 80s, refuses to sign, and refuses to let her son help her. She would also have to get her cottage registered with Land Registry (we would pay) and this she does not want to do either, it seems. Our buyer's main concern is that our neighbour's son will inherit the cottage and run it as a holiday let, which might cause blockages with the septic tank which she would have to pay for, always.When your neighbour dies (or has to sell to pay for a care home), the change of ownership would trigger a compulsory first registration. If the son inherits, he is going to faced with a much higher fee from the Land Registry. And if any of the conveyancing documents & original deeds are missing, he may not get full title. Would certainly get a larger legal bill though.One of many things I regret was pushing my mother to do a voluntary first registration on *this place. Would have saved many months of hassle and expense after she died. Perhaps run that past your neighbour.. But at the end of the day, if she doesn't want to deal with the paperwork, there is nothing you can do to force the issue. Even if she did go ahead with a first registration, it will take many, many months for the LR to process the application.
Her courage will change the world.
Treasure the moments that you have. Savour them for as long as you can for they will never come back again.1 -
When you first purchased the property surely this matter was addressed then?Sheelha said:Our neighbour has a small holiday cottage and we share a septic tank.
Is our neighbour required by law to share costs, simply by virtue of sharing the use?0
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