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Can I find out what has been said about neighbours house sale?

18 replies

FactualInaccuracies · 06/03/2018 17:01

There were various issues with ex-neighbours house sale, it took a very long time to go through and I am aware of several good reasons why it shouldn't have done.
New neighbours have let slip that it was only possible due to some sort of declaration which was made about us/ our house by ex-neighbours. Understandably they realised that it probably wasn't sensible to say any more. I can only assume what was said was inaccurate, because I can't imagine the house sale proceeding with correct information.
What I am worried about is that the declaration almost certainly says we agreed to things we didn't and this is now a matter of legal record.
Is there any way I can find out what information the solicitor holds and, if necessary, challenge any of the information in it?

OP posts:
BreakfastAtSquiffanys · 06/03/2018 17:02

Like a Right of Way that you haven't agreed to?

honeysucklejasmine · 06/03/2018 17:02

I would hope the buyers solicitor wouldn't take the vendors word for what you have or haven't agreed to, surely?!

FactualInaccuracies · 06/03/2018 17:10

Don't want to say exactly what the issues are as they are quite specific.

Apparently the buyers solicitors did as it's all gone through, but I can't imagine how! New neighbours have already had several unpleasant surprises and I suspect more to come...

OP posts:
NothingTraLaLa · 06/03/2018 17:12

It may be that they need a right over your land (e.g. right of way, right to drain to septic tank, etc.) which the previous owners have used but which have never been legally documented. If so, they may have taken out indemnity insurance against the right being called into question, and this would require a statutory declaration by your former neighbours setting out the length of use, the fact there have been no objections to the use, etc. If this is the case, your neighbours will not be able to discuss it will you as this would invalidate the insurance.

FactualInaccuracies · 06/03/2018 17:18

So is there any other way to find out what information is held on record?

OP posts:
NothingTraLaLa · 06/03/2018 17:19

If the property is in England or Wales, you can buy a copy of your neighbour's register and plan online from the Land Registry, assuming it has been registered by now. Documents referred to in the register can also be bought, although this would need to be done by post once you have the register.

FactualInaccuracies · 06/03/2018 17:22

Thank you that's really helpful, would all types of declaration end up on the registry, or only rights of way?

OP posts:
NothingTraLaLa · 06/03/2018 17:24

The declaration itself probably wouldn't be mentioned, but it may refer to a right being claimed. Equally it may all be off register but it is probably worth a look to see.

BreakfastAtSquiffanys · 06/03/2018 19:35

The new neighbours "thinking" that they have a certain right or easement doesn't make it so

Collaborate · 07/03/2018 06:50

Have you ever had a dispute with your former neighbors?

MrsBertBibby · 07/03/2018 10:47

It's impossible to say without some clue as to what you are talking about!

onlyonaTuesday · 07/03/2018 10:56

Ask the new neighbour when you see them

DGRossetti · 07/03/2018 10:59

If nothing else a Data Protection SAR might work ?

Collaborate · 08/03/2018 11:18

If nothing else a Data Protection SAR might work ?

Not very likely! A solicitor's file is legally privileged. That means no one, not even a court, can get to see it (save in very rare specific situations).

DGRossetti · 08/03/2018 11:57

A solicitor's file is legally privileged.

Not absolutely. And RIPA trumps that anyway,

prh47bridge · 08/03/2018 13:12

What has RIPA got to do with a subject access request?

If a claim to legal professional privilege can be maintained in legal proceedings the data is exempt from subject access rights. Collaborate is correct.

Greenkit · 10/03/2018 12:52

We need a clue, so we can help

Im desperate to know

OyO · 10/03/2018 13:08

NothingTraLaLa so if there is an easement that hasn’t been registered, why would they take out indemnity insurance instead of just registering it?

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