Scotland: Issues with a potential buyer

[user1499444150]

We have had a supposed firm offer for a house we have put on the market. The house was a new build when we purchased it but has remained unoccupied because we have been unable to relocate to Scotland. We currently plan to sell this property and also the property we have in England to purchase another house.The potential purchaser lives with their parents in an area close to the property. Contracts have not yet been exchanged because our solicitor has informed us that the potential buyer is in the process of applying for a mortgage. Four days ago, our estate agent in Scotland told the estate agent we have in England that they went with the potential purchaser to mow the grass at the property: both the front lawn and the rear garden. Nobody asked our permission to do this. Contracts have not yet been exchanged or missives finalised. Does the potential purchaser`s action - and that our our Scottish estate agent - constitute trespass?

It's a bit odd, but I'd take it that they are very interested in the house and already are imagining it as their home. Over zealous yes, frankly weird of the estate agent to accompany them. I'm assuming you haven't been near the place in a while and it was overgrown. I couldn't get used about this tbh. It is trespass I do suppose, but are you really going to pursue it?

Yeeeessss, it's technically trespass, a civil offence. But there's not much you can do about it, unless you want to go to the extent of getting a court order barring them. Which would be, frankly, odd, given you're trying to sell the place to them.

I wouldn't be surprised if there's something in your deeds about having to keep the place tidy/grass cut on a new build, they may have done you a favour.

Does it really matter, it's a bit weird, but they are buying the house so maybe just want the garden to stop getting to overgrown. You could always pay a gardener to do it.

It depends whether you want to sell your house to this buyer or not? Have you just left the property to get overgrown?

Does it matter?

Thanks for all your responses.

We live 400 miles away from the property but had asked the new build development site manager to look after the property and the grass.

Och, havers!!!

Not sure you understand "havers" (it means "to talk nonsense") but are you paying anyone to keep the grass under control? Asking the development company means nothing unless they actually profit in some way.

It's just that your OP seemed a bit on the hostile side. Those bastards, maintaining your property, for free!

It's a bit odd, but I wouldn't get my knickers in a twist about it. They're clearly a bit over-invested, especially given that you've not concluded missives, but have done you a bit of a favour. I would be having a word with your estate agent though, ensuring that there's no further access until the entry date.

Thanks again for all your comments. Granted, we have been in receipt of free garden maintenance but I did not mention that the insurance policy we have for the property would not cover any damage sustained to the property as a result of said maintenance
or any injury to the gardener.

the insurance policy wouldn't cover any injury to the "gardener".

Do we really have to think like this? Seems to me that you are havering now.

So you don't have liability cover included in your home policy? Strange, as empty property insurance often provides cover for public liability, maintenance etc.

there's no trespass laws in Scotland. all perfectly legal!

there's no trespass laws in Scotland. all perfectly legal!

There's no right to roam in people's gardens though.

There are trespass laws in Scotland. It is public access rights that are different and they do not extend to people's gardens.

Further to some previous comments

No havers here.

Having just contacted our insurers, they confirmed that our insurance policy does cover maintenance and some public liability but it does not cover situations where unsolicited gardening has been carried out.
Our permission was not requested prior to the work being done, had permission been asked we would probably have granted it. The people have our solicitor`s contact details and could have asked permission through them.

This thread is now closed and I will be terminating my Mumsnet account.

This thread is now closed

You mean "nobody agreed with me". I'd steer well clear of AIBU then

Weird thread. Weird thing for buyer to do, but would you really want to try and have them done for trespass?!

I couldn't get that worked up about grass to be honest but off you flounce

What a bizarre thread.