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RICHROLO · Joined: 29 Nov 2003 Posts: 17 Location: ROCHDALE

We are in the process of moving house. We moved into our present house 18 months ago. Its a brand new bungalow which needs to be accessed over one of our neighbours land.

We don't speak to our neighbours and haven't do so for 12 months, as we had an argument about access, and wishing it not to escalate into more we cut ties.

When we sell up we have to fill in a form about our neighbours. What is on this form and should the fact that we dont talk be a problem.

Also the who site is leasehold and in the deeds it states that we all have to upkeep our property, so not to cause injury to any parties. My neighbour who's land the access road to my property has not kept up the access road, i.e. sodden leaves and twigs all over it. As it is danerous what should i do next.

Please advise.

AlanE · Posted: Wed Feb 11, 2004 2:38 pm Post subject:

These are all matters that need to be discussed with the solicitor handling the sale in order to protect your back.

Should your not talking have any affect on the sale? I am not a lawer but my gut reaction is that it would be meterial to the sale and failure to disclose could well be the basis of a future compensation claim from the new owners.

Alan

Carrieuk · Joined: 19 Apr 2004 Posts: 1 Location: Hampshire, UK

I am currently in dispute with my neighbour over our shared driveway. He has told us of his plans to build a fence across it. We showed him our copy of our deeds, but he dismissed them. We then saw a lawyer who will be sending him a letter informing him of our rights to use the driveway and stating that if he proceeds to build the fence then court action may follow. Is this something we/he will have to declare to any future vendors?
If my neighbour moves away and we later want to move, would we still have to declare the dispute even if we have no problems with the new neighbours?In your experience what percentage of the property's value is diminished by the declaration of disputes?

Many Thanks

Carrieuk

PS My sympathies go to the forum user above!

joe25 · Joined: 16 Sep 2004 Posts: 21 Location: Middx

The form willl ask,are there any boundary disputes ,I wouldn,t like to speculate if you witheld the fact that there were and you said no.You mention twigs etc that would seem petty in the extreme and may show you in an unreasonable light.A prospective purchaser would not,if it could be avoided walk into a dispute that may result in the loss of some area of the property that they thought naturally was theirs,if it came to a Court case as most people naturally would want to avoid that .I would send a solicitors letter threatening an injunction if your rights are removed in some way that I would think would make them think twice.This has happened to me as a result I moved owing to pressure from the family not to proceed etc as a result it was the best thing I ever did and should have done years ago,so there may be a silver lining in this somewhere