How to get this resolved before neighbours sell?

[MaggieW]

Sorry, bit long winded. Our neighbours extended their house and whilst doing so, moved and changed the soil pipe so that it now comes ends on the party line just below our bedroom window and we get some pretty horrible smells coming in. During their works, which was now 18 mths ago, I spoke with them and their surveyor, who both said it would be run up their side of the roof parapet. This didn't happen. After the builders left I spoke with them several times and they said they would get it done. The wife subsequently was pregnant and had a new baby so I let it lie for a while.

I've recently had the council around and they said there's nothing they can do retrospectively under building regulations now, even though it is within 3 metres of an opening window and shouldn't be. They did say it is a health and safety issue and advised me to contact Env Health, which I did. They've asked me to keep a diary of when it happens, so they can come and "witness" the smell.

Anyway, our neighbours have now put the house up for sale and we obviously want this resolved before they move. I was going to give them a letter but am not sure what to say to ensure that it has to be declared as a dispute or unresolved issue with a buyer before exchange of contracts. Should I tell their estate agent as well or is the time to do that if they don't do anything and the property is sold? Advice gratefully received!

Thanks v much.

bump

You can put something on their deeds to say the work needs doing and is their responsibility, contact the land registry, it'll piss them off!

www.problemneighbours.co.uk/what-are-restrictive-covenants.html similar to this.

You can inform the estate agent but they are not obligated to tell any buyer, but they have to declare any letters/dispute on the property request form thing from the solicitor if they tried to sell and didn't declare it they can be sued.

If you contact environmental health too that will be logged at the council.

They would also be crapping themselves that you might tell any potential buyer when they come to view.

Post on www.gardenlaw.co.uk forum as well as on here for loads of good advice.

Why dont you speak with them again, tell them that your patience has run its course and you will make it an official dispute if they dont get the problem sorted within a fixed period of time.

You are in a pretty good bargaining position as they wont want to risk having a dispute whilst trying to sell. It's likely to concentrate their minds on the task they have previously been happy to forget.

Consult your solicitor, make it clear you just want the issue sorted and dont want to be a thorn in anyone's side.

In the mean time if you see any potential vendors scouting out the vicinity let them know.

Update: Gave them a letter saying we expected the pipe to be moved. It did the trick and the work was done yesterday. Hooray!

Good to hear it was sorted out.