Neighbour threatening to try and complicate sale

thebottomline

Good afternoon all,

My wife and I are looking to put our house on the market soon, and have always had good neighbourly relations. The short version is we feel our neighbour is threatening (blackmailing might be too far?) us, using the threat of raising a formal complaint to the council to complicate our sale, and we're unsure what the best course of action is.

The longer version is as follows; we've go an unusual shape garden and have a few neighbours, and have had great relationships with all of them; apart from one that's always been civil but no more than that.

Info: our shared boundary is their responsibility.

A few years ago, shortly after we moved in, a storm took down part of our shared boundary. We didn't know who was responsible at the time, and was having some fencing fixed on another boundary, so had that done at the same time. 

A year or so later, further up the boundary the fence goes down (different panels, not the ones that were fixed). 

The neighbour writes to us asking us to fix the panels.

We get the deed, see it's their responsibility, and share this with them, but say we know paying for fencing is a pain so we're happy to split the cost.

Neighbour refuses, saying they've thought about it and don't want proper fencing now, just want sticks in the ground and wire.

This is not great for us - both us and neighbour are dog owners, we have bedrooms on the ground floor, their garden is full of rubbish and is unsightly and we also want the privacy we had when we bought the house.

We say this, neighbour says they'll sort it if we do some other bits (have some hedges trimmed, approve a tree to be cut down, which includes moving telephone cable). We oblige at our cost.

Over a year later, fence is still stick and wire. Neighbour now refusing to replace despite us holding up our end of the bargain. 

We explain we're looking to move now, and are happy to pay more than half for the fence to be made right.

Neighbour refuses, but says we can do the fence at our cost and further trim some hedges that are on our side of the boundary.

We say we can't afford both, the hedges were trimmed last year late in the season to the lowest level the tree surgeon was comfortable with without risking the hedges drying.

We have proceeded to have some screening put up within our side of the boundary (not replacing their fence).

They have messages asking if we're having the hedges done. We've reiterated we can't afford both right now.

Out of nowhere he's threatened to put a complaint into the council if we don't look at the hedges.

We call our tree surgeon, who reiterates his concerns. We explain the neighbour challenge, Tree Surgeon gives us the details of the department in the council to speak to to have them assess the hedges.

The council employee says they won't look at it now because its bird nesting season, so they recommend not touching the hedges. We tell neighbour this.

Neighbour comes back and effectively says they don't believe us, we're lying and we've never done anything about the hedges (we have evidence this is not the case) and that we wouldn't want a complaint on the record as it'll complicate our sale so we need to do something about it.

What can we do here? Is there anything we can do to be on the front foot and get ahead of any complaint? We have loads of documented correspondence and I'm confident we've always been good, and this is not a formal dispute as we've always been able to agree to things, but I feel we're being threatened to fork out money just because he knows we're looking to sell.

So I wonder is there anything we can do here or are we just bang to rights given the circumstances of us wanting to sell?

I vehemently dislike someone "gaming the system" and using that to have us be out of pocket, but I fear that may be our only option.

Thanks for any advice!

Emmia

It would solve the issue if you just install a fence on your side of the boundary. Neighbour disputes need to be declared and are likely to put buyers off.

I appreciate this will put you "out of pocket" but the end goal must be a successful sale at a price you're happy with.

Section62

thebottomline said:

Good afternoon all,

My wife and I are looking to put our house on the market soon, and have always had good neighbourly relations. The short version is we feel our neighbour is threatening (blackmailing might be too far?) us, using the threat of raising a formal complaint to the council to complicate our sale, and we're unsure what the best course of action is.

The longer version is as follows; we've go an unusual shape garden and have a few neighbours, and have had great relationships with all of them; apart from one that's always been civil but no more than that.

Info: our shared boundary is their responsibility.

A few years ago, shortly after we moved in, a storm took down part of our shared boundary. We didn't know who was responsible at the time, and was having some fencing fixed on another boundary, so had that done at the same time. 

A year or so later, further up the boundary the fence goes down (different panels, not the ones that were fixed). 

The neighbour writes to us asking us to fix the panels.

We get the deed, see it's their responsibility, and share this with them, but say we know paying for fencing is a pain so we're happy to split the cost.

Neighbour refuses, saying they've thought about it and don't want proper fencing now, just want sticks in the ground and wire.

This is not great for us - both us and neighbour are dog owners, we have bedrooms on the ground floor, their garden is full of rubbish and is unsightly and we also want the privacy we had when we bought the house.

We say this, neighbour says they'll sort it if we do some other bits (have some hedges trimmed, approve a tree to be cut down, which includes moving telephone cable). We oblige at our cost.

Over a year later, fence is still stick and wire. Neighbour now refusing to replace despite us holding up our end of the bargain. 

We explain we're looking to move now, and are happy to pay more than half for the fence to be made right.

Neighbour refuses, but says we can do the fence at our cost and further trim some hedges that are on our side of the boundary.

We say we can't afford both, the hedges were trimmed last year late in the season to the lowest level the tree surgeon was comfortable with without risking the hedges drying.

We have proceeded to have some screening put up within our side of the boundary (not replacing their fence).

They have messages asking if we're having the hedges done. We've reiterated we can't afford both right now.

Out of nowhere he's threatened to put a complaint into the council if we don't look at the hedges.

We call our tree surgeon, who reiterates his concerns. We explain the neighbour challenge, Tree Surgeon gives us the details of the department in the council to speak to to have them assess the hedges.

The council employee says they won't look at it now because its bird nesting season, so they recommend not touching the hedges. We tell neighbour this.

Neighbour comes back and effectively says they don't believe us, we're lying and we've never done anything about the hedges (we have evidence this is not the case) and that we wouldn't want a complaint on the record as it'll complicate our sale so we need to do something about it.

What can we do here? Is there anything we can do to be on the front foot and get ahead of any complaint? We have loads of documented correspondence and I'm confident we've always been good, and this is not a formal dispute as we've always been able to agree to things, but I feel we're being threatened to fork out money just because he knows we're looking to sell.

So I wonder is there anything we can do here or are we just bang to rights given the circumstances of us wanting to sell?

I vehemently dislike someone "gaming the system" and using that to have us be out of pocket, but I fear that may be our only option.

Thanks for any advice!

I fear the damage may already have been done, it sounds like you've already got a neighbour dispute on your hands.

How does this person get on with the other neighbours - is he also giving them grief?

sammyjammy

Ignore neighbour, likely empty threats and even if they do complain to council sounds like they'll get short sharp shrift!

Herzlos

I think if you want a proper fence there you'll need to put one up yourself, on your side of the boundary and in front of their sticks.  I wouldn't otherwise engage with them.

doodling

Hi,

The neighbour was never under any obligation to put up any kind of fence (other than as necessary to contain any animals they might own).

In theory, you may have formed a contract with the neighbour (you agreed to do X in return for them doing Y and they agreed with that) and you could sue for breach of that contract, assuming that you have sufficient evidence to convince a judge.  I don't recommend this.

I don't see what basis the neighbour has to make any complaint about you, but the fact that they have even if the reason is spurious (unless you agree with their compliant!), would constitute a dispute that would need to be declared (as would suing them for breach of contract!).

Section62

doodling said:

Hi,

The neighbour was never under any obligation to put up any kind of fence (other than as necessary to contain any animals they might own).

...

Depends what their deeds say - there could be an obligation to errect and maintain a fence of a particular type.

subjecttocontract

Seems the neighbours only issue is with your hedges. But you have done what he has requested,  have trimmed them, have proof for this year, you can't do more,  the jobs done. He's entitled to feel he wants more, he's entitled to feel unhappy but where is the dispute ? I don't see one. Just because a neighbour is unhappy surely isn't a dispute. Let him complain to the council.......he's very unlikely to get anywhere.

Just agree with him that the hedges need further trimming later in the year at the appropriate time and you'd be willing to look at them at that time. You'll likely have sold by then anyway. Now......where is the dispute ?

doodling

Hi,

Section62 said:

doodling said:

Hi,

The neighbour was never under any obligation to put up any kind of fence (other than as necessary to contain any animals they might own).

...

Depends what their deeds say - there could be an obligation to errect and maintain a fence of a particular type.

Positive covenants are generally only binding on the first buyer so if it was a new build then maybe, otherwise no.

Edited to add:  Restrictive covenants run with the land, positive covenants follow the owner.  Unless the liability associated with the positive covenants was separately transferred during the house sale then it will stay with the vendor.  This is not addressed in most house sales, except where there is some kind of ongoing payment associated with ownership (e.g. some types of estate maintenance charge) where it is in more obviously in the vendors interests to make sure that is passed on to the buyer.

Section62

doodling said:

Hi,

Section62 said:

doodling said:

Hi,

The neighbour was never under any obligation to put up any kind of fence (other than as necessary to contain any animals they might own).

...

Depends what their deeds say - there could be an obligation to errect and maintain a fence of a particular type.

Positive covenants are generally only binding on the first buyer so if it was a new build then maybe, otherwise no.

Edited to add:  Restrictive covenants run with the land, positive covenants follow the owner.  Unless the liability associated with the positive covenants was separately transferred during the house sale then it will stay with the vendor.  This is not addressed in most house sales, except where there is some kind of ongoing payment associated with ownership (e.g. some types of estate maintenance charge) where it is in more obviously in the vendors interests to make sure that is passed on to the buyer.

Two key words highlighted in bold^.

Nobody can say definitively that there was never an obligation without studying the deeds. (or for that matter checking for planning conditions)

[Deleted User]

As you suggest, if he raises a complaint it's still mandatory to declare it, even if you have no part in the process and make no comment on it. But you can't declare a complaint if you don't know about. What I would do is not engage with him. Don't speak to him, don't acknowledge him, just blank him. That's not a dispute, that's your prerogative. If the council contact you on the strength of it, though, then you have to declare it. So that's what I'd do. If he starts trying to disrupt the sale by sending letters to the EA or making more blackmail threats then you might as well go the whole hog and report him to the police. They might have a word and tell him to wind his neck in.