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Buying a house with boundary problem

(4 Posts)
Violetpostit Mon 07-Dec-15 23:11:36

Hi,

I am buying a house which has some overhanging guttering into the neighbours' property. The guttering couldn't be removed as there would be nowhere for the rainwater to drain off the roof and eventually we'd have a damp wall.

We are ready to exchange contracts but this problem has to be resolved before we drawdown on our mortgage. Our solicitor can't request the money from our mortgage lender in good faith without telling them about any unresolved issues - this being an unresolved issue.

How could we find a way around this without asking the seller to reduce the purchase price? (the reduction would be small and it would mean redoing our mortgage which would take 1-2 weeks and we just want to move in before Christmas).

Can anyone help? Been in a similar situation or work in conveyancing? Thank you

AalyaSecura Mon 07-Dec-15 23:18:48

We had this situation but in reverse - our neighbours' guttering overhangs into our property. The houses were built in the sixties, and we were advised that as they had been like that for so long, it effectively was assumed as agreement. There ws no issue regarding the purchase.

AalyaSecura Mon 07-Dec-15 23:20:16

Do you know if the neighbours have any concerns about it? Is anyone telling you it's a problem, and what would you like to happen?

Violetpostit Mon 07-Dec-15 23:39:03

Our independent building surveyor did tell the neighbours it was a problem during his survey. I think they said they were aware. It has been like that for 10 years.

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