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Any conveyancing solicitors around? Neighbour disputes.

9 replies

needadvice2013 · 16/04/2013 00:30

Hi, just after a bit of advice please.

We are selling our house and have recently been irritated by our neighbour.

I phoned the council to ask advice. They logged my call and gave me a reference number but I did not escalate to a complaint. They were going to send out log files for me to fill in and submit but these have not arrived.

Do I have to declare this as a dispute on the seller pack?A dispute is defined as an arguement or disagreement, neither of these have happened.

Thanks in advance

OP posts:
Contradictionincarnate · 16/04/2013 00:39

yes ... you should declare anything that could be seen as a dispute ... to avoid any unnecessary delays I would also advise you to give us much information as possible. think what would you want to know if you were the buyer. (I am a licensed conveyancer).

needadvice2013 · 16/04/2013 01:04

What if the issue was to be resolved amicably by my asking them to stop and them agreeing?

I don't want to risk the sale but I also don't want to be sued. I'm trying to establish where the line is if you like.

OP posts:
RedHelenB · 16/04/2013 14:00

Has the situation been resolved & is it likely to reoccur & annoy new neighbours?

needadvice2013 · 16/04/2013 15:24

It could annoy someone else if they are similar to me and if the neighbour forgets how the behaviour affects others.

OP posts:
RedHelenB · 16/04/2013 18:02

In that case it needs to definitely go in the sellers pack to avoid any possible comeback.

needadvice2013 · 16/04/2013 20:53

Ok thank you :)

Let's hope they don't pull out of the sale.

OP posts:
SuedeEffectPochette · 16/04/2013 21:06

Whilst i would not advocate fibbing in the preliminary enquiries, the remedy for a buyer who finds out that you did fib (after they have purchased) is to sue you for misrepresentation. The "loss" is the difference in value, if any, between a house with a minor neighbour problem and one without. Quite hard to quantify IMO. Of course, the best thing to do is not to make any sort of recorded complaint if you are intending to sell. Too late for you I know.......sorry.

needadvice2013 · 17/04/2013 09:18

That's why I was somewhat confused because I haven't complained or even had an arguement with the neighbour. I phoned the council to ask advice, I wish I hadn't now! :)

OP posts:
Hansard · 19/04/2013 22:42

Yes. The issue with your neighbour will have to be declared in Section 2 (Disputes and Complaints) of a Form TA6. Failure to disclose ALL relevant information could lead to legal action against you.

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