Neighbour has fixed a gate to a wall of a detached property I am buying

Mgman1965

Not forgetting that if the OP forces the neighbour to remove the gate, if/when the OP ever sells they would likely have to declare a neighbour dispute  which is a very red flag to many buyers.

incus432

GDB2222 said:

You're assuming that they did that without prior agreement?

Immaterial.

subjecttocontract

Mgman1965 said:

Not forgetting that if the OP forces the neighbour to remove the gate, if/when the OP ever sells they would likely have to declare a neighbour dispute  which is a very red flag to many buyers.

The OP should not have to force anything, the current property owner should arrange for the wall fixings to be removed BEFORE sale completion. There is a big difference between an on going dispute and a closed one. Once that gate has been removed there is no longer any dispute as the matter is resolved.

HobgoblinBT

If the OP is unwilling to speak about this matter with the potential new neighbour, I suggest that the best person to have this conversation would be the estate agent.  Also, if they are a letting agency as well as a “house selling” agency, they will likely have suitable tradesmen contacts who can easily complete the job.  Half a days work and a post shouldn’t cost more than a hundred quid to the seller, and the estate agent will be in line for their several £’000s of commission.

sheramber

The EA will not have any authority to engage someone to interfere with a property he does not own, any more than you would have authority to do it. 

Jellypot

Thank you all so much for your suggestions. I am going to attempt to visit the neighbours and see if I can discuss with them to remove, or secure the gate to a freestanding post. Depending on the outcome of that, I will let the vendor know if I am going to proceed, or withdraw as they have been chasing up. I am a little disappointed that the vendor has already said that they won't be contacting the neighbour and will re-market the property if I am unhappy with this, but I can see this possibly being an issue with other prospective buyers who want a detached property that doesn't have a neighbours gate attached to it. 

[Deleted User]

I hope I am wrong but if a person who is not my neighbour came along asking me to spend £x to make changes to my house, I might find it very odd indeed. (Granted, I wouldn't secure my gate to my detached neighbours house but that's just me). Also high risk they agree then do nothing about it. 

I would instead favour another attempt at putting the hassle on the vendor and making it a condition of sale. "Please can the vendor reconsider sorting this. A neighbours gate should not be attached to a 'detached ' house. Presumably this will be an issue for any potential buyer."

Alternatively the vendor feeling unable to sort it might indicate an issue with neighbour. Some might say they should be checking the box for potential dispute.

subjecttocontract

Jellypot said:

Thank you all so much for your suggestions. I am going to attempt to visit the neighbours and see if I can discuss with them to remove, or secure the gate to a freestanding post. Depending on the outcome of that, I will let the vendor know if I am going to proceed, or withdraw as they have been chasing up. I am a little disappointed that the vendor has already said that they won't be contacting the neighbour and will re-market the property if I am unhappy with this, but I can see this possibly being an issue with other prospective buyers who want a detached property that doesn't have a neighbours gate attached to it. 

Consider offering the vendor a lower offer of a few thousand pounds on the basis that it looks like there is an on going dispute with the attached gate. You could even suggest that you would offer the full asking price if said gate was detached from the wall. Money usually talks and can be a great persuader when reason & common sense fails.

You could put your new offer in through the Estate Agents also reminding them that there is clearly a dispute that now needs to be identified to any new buyer that comes along !

Jellypot

[Deleted User] said:

I hope I am wrong but if a person who is not my neighbour came along asking me to spend £x to make changes to my house, I might find it very odd indeed. (Granted, I wouldn't secure my gate to my detached neighbours house but that's just me). Also high risk they agree then do nothing about it. 

I would instead favour another attempt at putting the hassle on the vendor and making it a condition of sale. "Please can the vendor reconsider sorting this. A neighbours gate should not be attached to a 'detached ' house. Presumably this will be an issue for any potential buyer."

Alternatively the vendor feeling unable to sort it might indicate an issue with neighbour. Some might say they should be checking the box for potential dispute.

Thanks for this. I believe you are right.

The vendor is a family member of the previous owner who has passed away.  I do not expect they will be aware of disputes, but I imagine they are reluctant to confront the issue as they personally do not see it as a problem and they simply want the house sold. 

I do not really want to lose the property based on this alone, but at the same time I know I would not be happy with the gate attached and I can see from the neighbours perspective that it would be odd if the potential buyer is approaching me regarding this, rather than the vendor. 

ThisIsWeird

Jellypot said:

[Deleted User] said:

I hope I am wrong but if a person who is not my neighbour came along asking me to spend £x to make changes to my house, I might find it very odd indeed. (Granted, I wouldn't secure my gate to my detached neighbours house but that's just me). Also high risk they agree then do nothing about it. 

I would instead favour another attempt at putting the hassle on the vendor and making it a condition of sale. "Please can the vendor reconsider sorting this. A neighbours gate should not be attached to a 'detached ' house. Presumably this will be an issue for any potential buyer."

Alternatively the vendor feeling unable to sort it might indicate an issue with neighbour. Some might say they should be checking the box for potential dispute.

Thanks for this. I believe you are right.

The vendor is a family member of the previous owner who has passed away.  I do not expect they will be aware of disputes, but I imagine they are reluctant to confront the issue as they personally do not see it as a problem and they simply want the house sold. 

I do not really want to lose the property based on this alone, but at the same time I know I would not be happy with the gate attached and I can see from the neighbours perspective that it would be odd if the potential buyer is approaching me regarding this, rather than the vendor. 

I like SubjectToContract's approach.
You have clearly had an offer accepted on this property? Cool, then inform the EA and your conveyancer that you will have to reduce it by £Xk - an amount commensurate with the likely cost of having to pursue this legally afterwards - should they not resolve it before then.
Say you will reinstate your current offer should they resolve it correctly.
Give them your entirely understandable reasons for being cautious and wary about this issue, and emphasise that it should be an absolute doddle for the vendor to resolve - unless there are deeper, more troubling, issues there too.
If they don't sort it, fear the worst. And...
a) Make clear to the EA that this now exists as a issue that could affect the desirability - and hence value - of the property, and therefore must be declared to all other interested parties.
b) Make it clear to the vendor that they must declare this issue in their TA6, as an issue that 'could' potentially lead to a dispute.
They would therefore need to be nuts to not tackle this, however reluctant they may initially be for whatever reason. And if they still refuse to sort this, be concerned as to why, and only proceed if you are made of stern stuff, and are prepared to legally enforce a resolution with a presumably recalcitrant neighbour. 
Almost certainly you will be able to 'force' the neighb to remove this after purchase, but who the hell wants that unpleasant aggro?