PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Neighbour blocking sale

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? 
«13

Comments

  • user1977
    user1977 Posts: 13,396
    First Anniversary First Post Name Dropper Combo Breaker
    Forumite
    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?
  • The_Unready
    The_Unready Posts: 595
    First Post Name Dropper First Anniversary Combo Breaker
    Forumite
    edited 26 January at 9:05PM
    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).
  • anselld
    anselld Posts: 8,243
    Name Dropper First Post First Anniversary
    Forumite
    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.
  • BobT36
    BobT36 Posts: 523
    First Post First Anniversary Name Dropper
    Forumite
    edited 26 January at 9:33PM
    ^ 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. 
  • 400ixl
    400ixl Posts: 2,663
    First Anniversary First Post Name Dropper
    Forumite
    Can you not get an indemnity policy to cover it?
  • user1977
    user1977 Posts: 13,396
    First Anniversary First Post Name Dropper Combo Breaker
    Forumite
    400ixl said:
    Can you not get an indemnity policy to cover it?
    Probably not, if they've recently chatted to the other party about it.
  • penners324
    penners324 Posts: 2,603
    First Anniversary First Post Name Dropper
    Forumite
    Install a new system?

    Threaten to disconnect the neighbour if the sceptic tank is on your property?
  • RHemmings
    RHemmings Posts: 3,220
    Name Dropper Combo Breaker First Post First Anniversary
    Forumite
    Install a new system?

    Threaten to disconnect the neighbour if the sceptic tank is on your property?
    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. 
  • FreeBear
    FreeBear Posts: 14,274
    First Anniversary First Post Name Dropper Photogenic
    Forumite
    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.
  • Hoenir
    Hoenir Posts: 1,298
    First Post Name Dropper
    Forumite
    edited 27 January at 12:07AM
    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? 
    When you first purchased the property surely this matter was addressed then?  
Meet your Ambassadors

Categories

  • All Categories
  • 341.9K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.2K Spending & Discounts
  • 234K Work, Benefits & Business
  • 606.2K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards