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To exchange or not?
zeddy_2
Posts: 116 Forumite
Hi
To cut a (very) long story short, we were set to exchange on the house we've had an offer accepted last Friday and it was all going ahead when our conveyancer discovered an unresolved issue with the adjoining neighbour. We were made aware of the issue back in February when we met face to face with the vendor, and he informed us it had 'fizzled out' - it appears not to have now though. Basically he accessed the neighbours garden (which we have shared access with) to carry out some works on the drains - which he insists are shared and in the process damaged some of her property (a fence panel) and also didn't have her permission to carry the works out. She then sent him a letter demanding £1000k compensation for the damage, trespass etc and a surveyor to survey the work he carried out to show that it has been carried out correctly. The vendor has not done anything, not it seems has he done anything to prove that he is not in the wrong - which he insists he is not.
Basically the vendor is ringing us up several times a day hassling us to exchange saying that this is no longer a dispute - even though the documentation states otherwise. We are not prepared to inherit this problem or pay out any money with regards to this, which we are frightened we will have to do if we exchange/complete etc.
Please could someone advise on what we should do? I was thinking of saying as long as he can legally prove that we have rights to share the drains and that we are not going to be liable to pay out anything etc with regards to this dispute then we will exchange - can anyone advise if this is what we should be doing?!
Very confused, and getting ever so slightly stressed with the whole thing now!! Thanks in advance to anyone who can offer advice. :T
To cut a (very) long story short, we were set to exchange on the house we've had an offer accepted last Friday and it was all going ahead when our conveyancer discovered an unresolved issue with the adjoining neighbour. We were made aware of the issue back in February when we met face to face with the vendor, and he informed us it had 'fizzled out' - it appears not to have now though. Basically he accessed the neighbours garden (which we have shared access with) to carry out some works on the drains - which he insists are shared and in the process damaged some of her property (a fence panel) and also didn't have her permission to carry the works out. She then sent him a letter demanding £1000k compensation for the damage, trespass etc and a surveyor to survey the work he carried out to show that it has been carried out correctly. The vendor has not done anything, not it seems has he done anything to prove that he is not in the wrong - which he insists he is not.
Basically the vendor is ringing us up several times a day hassling us to exchange saying that this is no longer a dispute - even though the documentation states otherwise. We are not prepared to inherit this problem or pay out any money with regards to this, which we are frightened we will have to do if we exchange/complete etc.
Please could someone advise on what we should do? I was thinking of saying as long as he can legally prove that we have rights to share the drains and that we are not going to be liable to pay out anything etc with regards to this dispute then we will exchange - can anyone advise if this is what we should be doing?!
Very confused, and getting ever so slightly stressed with the whole thing now!! Thanks in advance to anyone who can offer advice. :T
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Comments
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would you want to live next door to someone who charges 1k per fencing panel?0
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TBeckett100 wrote: »would you want to live next door to someone who charges 1k per fencing panel?
Couldn't agree more,having had the neighbour from hell,I would make a run for it and not look back
some people moan about everything their neighbour does or doesn't do,you only know about this because it went through a solicitor,how many other 'unresolved issues' could there be that haven't been made formal?
Sorry to sound so negative,but this is just my opinion
LIHDebt at highest £102k :eek:
Lightbulb moment march 2006
Debt free october2017 :j
Finally sleeping easy in my bed :A0 -
To be fair, he did dig up her garden without permission!
If his drains run into hers and then onto the sewers then they should be shared. He takes responsibility from his house to her manhole and she takes responsibilty from her house and manhole down to the next house or the mains sewer, whichever is closer. For terraced houses built before 1936 (i think) then the drains are actually the responsibility of your local water company!
If they are indeed shared then the deeds should mention an easement which allows you to enter the land to carry out work - you must leave it as you found it though - we've to tart up our neighbours side area as we had to use it for scaffolding. Ask your solicitor whether there is mention in the deeds. If there isn't then you often need an indemnity policy.
If you really like the house, try talking to the neighbour about the situation and see what she's actually like. Personally, I think your vendor needs to pay her the £1000 or she's going to hold up any sale he has, not just yours.
Most of these things are about communication but you should establish that she isn't a mentalist
Everything that is supposed to be in heaven is already here on earth.
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Doozergirl wrote: »He takes responsibility from his house to her manhole
said the actress0 -
You need more details to find out which neighbour is really the kn0b. It reads to me like the seller let himself onto the neighbour's land to carry out works himself, without asking. And damaged a fence panel.
Maybe the neighbour's put up with a lot of this behaviour from the seller for years.
The £1k wasn't for a single fence panel. It does sound OTT, but we've no idea how many other issues have occurred.
Go ask the neighbour for their side of the story.0 -
You really need to sort this out. I have been though this type of thing and its the last thing you want.0
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Why not speak to the neighbour?There will be no Brexit dividend for Britain.0
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She then sent him a letter demanding £1000k compensation for the damage, trespass etc and a surveyor to survey the work he carried out to show that it has been carried out correctly.
£1k seems over the top for a fence panel, and wanting to get a surveyor to check the work was done properly is perhaps a little OTT.
Several times a day?? Hmmm, this would suggest he's desparate to get shot of this property, and I would have to wonder why!! Shoddy drainage work? Neighbour dispute?Basically the vendor is ringing us up several times a day hassling us to exchange saying that this is no longer a dispute
Speak to the neighbour to get her side, drop your offer by £2000, then if/when he accepts, give £1000 to the neighbour to settle the dispute and start off on the right foot with him/her!Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
Thanks for all your answers so far. I forgot to mention that the current owner is a property developer and does not (nor has ever) lived at the property.
What I can’t understand is why we would be liable for this dispute if the sale went ahead? I mean all the correspondence is to the vendor and his solicitor and her grievance seems to be with the fact that he has trespassed, cause damage to some of her property and carried out works to the drains without her permission to do so. Does anyone know how it is that we would be liable to inherit this dispute if we bought the house when none of it really seems directly linked to the house itself?
The estate agent likened it to the neighbour murdering someone in the house and then selling the property and the murder case still being attached to the new owners – personally I don’t see it being anything like this, because a murder has no association with the building whereas this dispute is over works carried out from our property to her property.
Ahh, it’s driving me mad!! Thank you for all your responses so far.
P.S. We are trying to arrange a meeting with the lady whose made the dispute (if she’s willing) and the neighbour on the other side has offered to meet with us as he knows the whole thing and everyone involved.
P.P.S Yes, you are correct it is 1k she is asking for – silly me!0 -
Like Pasturesnew, I'm wondering if your seller isn't the neighbour from hell and the latest incident was the final straw. I mean, who nips over into a neighbouring garden to 'fix' something and does a load of damage without at least trying to fix it or putting a note through the door or something?0
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