Declaring neighbour dispute

[rambunctiousrapscallion]

A close friend is selling their house. Over the past few years there have been problems with the neighbours. She believes that it does not count as a neighbour dispute while I am under the impression it does. She knows I'm posting and is happy to answer any questions that aren't too outing.

Long, long story short, my friend has lived in a beautiful house for 24 years and has had the same neighbours that whole time. Just over two years ago she decided to make some changes to her garden but this caused issues over access and maintenance of a shared area. It does get a little technical and complicated here where the neighbour tried to use a possible boundary issue to get their way in regards to the shared area only to find out my friend actually owned that land and there was an issue with the deeds.

It escalated and lawyers got involved. My friend was vindicated and a settlement reached. This has been officially drawn up, signed by both parties and the issue put to rest. During the situation there were tense and heated conversations but the police or council were never called.

That's the backstory. My friend now has to move abroad as quickly as possible due to their parent's health problems.

She feels this doesn't have to be declared as law enforcement were never called, it never went to court and a settlement has been reached so it's not an active dispute. The settlement fixes things in a way it absolutely won't be a problem for the next owners. Also, the neighbours in question are actually genuinely good neighbours. They lived next to each other without a problem for over 20 years, it was just this particularly issue that made things difficult. For context if I found out the neighbours were moving next to me I would be perfectly happy, they aren't bad people. She also isn't leaving because of this but for her mum.

I am under the impression that despite all that it still has to be declared as lawyers were involved and it was a dispute. However, she and the estate agent can explain that it's all been put to rest so it won't deter buyers.

She is understandably nervous as it's vital she has a quick and uncomplicated sale and has priced accordingly. It's very unlikely to come out as the only other nearby houses are cottage lets so no permanent neighbours who knew the issues. Of course the neighbours may well tell the new owners, if it does come out, what are the consequences?

Please know she's a lovely person who is just in a very stressful situation and would declare if it's something that would be a problem for the next owners but it honestly won't be as it's settled in a way where everyone is happy. We are grateful for your insights.

No it doesn't need to be declared as it's been resolved but she might want to put something in the enquiries before contract that there was a boundary query in 2002 that was satisfactorily resolved with the Land Registry.
I wouldn't.

I had something similar and as there was a record I thought wise to mention so to avoid being sued after the sale I declared something like,

"Previous minor issue over planning - all resolved. No current issues". Can't remember exact words but better than those! It made it clear that there had been a discussion, (in fact in my case a bit more than that), but there were no problems.

I didn't want to have to deal with solicitors' questions just at the last minute if "something had flagged up - or problems post-sale.

I agree. It’s a resolved issue.

Our neighbours have recently come at us about a tree and the tree will be taken down. That will resolve it. Do I plan to put that in the particulars when selling the house? Nope.

I wouldn't mention it, but I have no idea of the exact nature of legal obligations about mentioning disputes. If it won't cause the buyer any issues when they move in, and you're sure of that, then it's very unlikely to cause any problems for the seller. We discovered that our neighbours absolutely hated our sellers because they had 7 cars, so we were a bit surprised by strangely arsy parking comments, but it's hardly legally meaningful.

She feels this doesn't have to be declared as law enforcement were never called,

The vast majority of neighbour disputes don't involve the police but they do involve lawyers. She will have to declare it but can mention it was resolved amicably.

TBH, I would list it and make it clear it's been resolved in case the neighbours try to make it a problem in the future with new neighbours who know nothing about it.

We had a similar dispute with our neighbours (in their case demolishing a supporting bank which left our garden completely unsupported). Quite acrimonious and solicitors and local planning were involved. It was eventually resolved by them having to build a retaining wall. We did declare it when selling our house by saying that there was an issue - gave the local planning reference - which was resolved. It didn't impact on the sale at all. I think it's far better to be upfront about these things, rather than it come to light at some point and then the purchaser would wonder why it hadn't at least been mentioned.

If there was an official document drawn up and signed by both parties I assume that it will be stored with ( or added to) the property deeds.
The buyer’s solicitor will see the later addition.
They may well accept that it’s not an ongoing dispute, but could still question why the agreement was drawn up at that stage. I would mention it early on so it is less likely to delay the process later.

It's resolved and I don't know why you've made it your business. It's not.

There is always one arsehole isn’t there @FleasNavidad

I would be open about it but say it has been amicably resolved.

As a pp has said, a formal settlement agreement like that (relating to access and shared land / rights) was probably registered / lodged at the Land registry by thr solicitors involved so any buyers solicitors will see it anyway as part of their enquiries. Just be upfront. Explain what it was about, refer to the settlement agreement to show it's all resolved. Better than denying it, the buyers finding out late in the process and walking away if they feel your friend has been dishonest / less than truthful.

Yes @drpet49 there is. Like a family member who did similar to me. Sowing seeds of doubt about having to declare something I knew I didn't. Despite being sure I didn't have to their little comments made an already stressful time harder.

"Oh it's a beautiful home, you'll sell it easily I'm sure but the issue with the Rogersons might be a problem" etc etc.

Many years on I realised that spite came from a place of jealousy.

Thank you so much for your reassuring responses. Friend is reading with me and grateful too. She was just worried it would put people off and complicate matters so its very useful to know it wouldn't put you off as long as its clear there was a positive resolution.

It can be hard to see the wood from the trees when youve been in it so long.

Surely she has a solicitor she could ask?

the previous owner of my house didn’t declare a house dispute - I discovered pretty quickly when the gossipy neighbour told me!

it wasn’t actually an issue for me (neighbours kid’s band which is actually really good!). I was cross she was dishonest but wouldn’t have taken it further.

Like PP says, mention it but briefly -

'Boundary question raised by both parties, settlement agreed, presently no issues whatsoever"

It wouldn't put me off and I'd be grateful for an honest seller.

I thought it was more about reports to police or council, hence why people hold off from reporting neighbour issues as those have to be declared. I wouldn't declare what you describe as it was resolved amicably with no issue, not that much different from getting party wall agreements signed for extensions, which can often involve some friction and legals, but all resolved and par for the course.

I'd ask my solicitor what I needed to declare and do whatever they said to do.