Being gazumped

[Foeveryoung1]

I posted this week about a problem with the boundary retaining wall separating the property I am interested in and the next property. Let’s call it property A. Property A is tenanted. The wall that it is very likely to be responsible for is about to collapse and is very dangerous. The vendor of the house I am buying approached the landlord of the property next door. He asked the vendor to “prove it” and then went on to offer to gazump me to solve the problem. Nothing has happened but I am both worried and extremely angry. We are not far from exchanging contracts but I need the vendor to sort out the boundary issue before I sign the contract.

I don’t know what to do.

He doesn’t sound like an ideal neighbour. He might be hard work to have next door. I’d be inclined to let him gazump and look elsewhere.

I remember your previous thread about this and I posted on it. Does it not make clear on the deeds who is actually responsible for this boundary wall? What's your solicitor's advice?

It is still to be confirmed by it seems 99% certain that it is his responsibility

The deeds clearly show that the wall does not belong to the property I am interested in. It is also the case that the property on the higher land is responsible for the retaining wall. The only chink is the whilst all the deeds of the other properties are clear about ownership of the boundary walls, the neighbours deeds omit that crucial part. However, it cannot be that they have no boundary and all other properties do.

Why would you potentially want him as a neighbour to deal with in the future? Let him gazump you if he so wishes. There's always another house.

With an attitude like that, even if he is responsible for the wall, do you really think he will pay for it to be fixed? You'll move in and inherit a massive legal battle that will add no value to your property. Walk away.

I agree. It’s very discouraging. I’m actually fed up with the buying process. We might just stay where we are. We have a strong reason why we are moving but this is just too much stress.