It’s Nice to be Neighbourly for Disputes can be Disastrous

When selling a property – caveat emptor or buyer beware,  has been the preeminent rule for a very long time. However there is a growing emphasis on consumer protection and on sellers being honest and candid. 

Sellers do not have to disclose physical defects about the property, a Buyer should rely upon their own inspection and search results and should be encouraged to have a survey. Instructing a surveyor means you have someone with suitable expertise, experience (and insurance) making recommendations or assessing the state of a property for you! You may wish to watch this short video on why you should always get a survey before exchange.  

What sellers categorically cannot do is lie or mislead, including by reckless or negligent misstatement, or leaving something out. Not only could a buyer potentially make a claim against the seller, but how bad would it look if somebody else told the buyer about disputes? Unfortunately, it has made headlines for one unfortunate leaseholder and would be seller. 

Most, the overwhelming majority of, sale or purchase matters will include what we call protocol or transaction forms. For example, the TA6 Property Information Form, the TA10 Fittings and Contents Form and where appropriate other transaction forms such as the TA7 Leasehold Information Form or TA8 New Home Information Form. 

These forms include standardised questions that need answering in most matters. In the TA6 Property Information Form, sixth edition, the current edition, there are two questions with respect to Disputes. 

“Are you aware of any disputes or complaints about the property or a property nearby” is the first question. The second question is “Are you aware of anything that might lead to a dispute about the property or a property nearby?” If you as a Seller are having a dispute, a row, an exchanging of views or a disagreement – note it. Better yet, tell your conveyancer at the earliest opportunity!

If you are planning to alter, update or extend a property and it could impact or affect another or neighbouring landowner or stakeholder, for example the landlord of a flat on a long-lease, it helps to get advice and to know your rights before spending money on works that could cause an issue or dispute. Another example, the landlords fixtures (the carpets, the bathroom or kitchen fittings) are not something a leaseholder can tear out and discard, they belong to the landlord, even if they are dated or unwanted. 

Sometimes a relationship with a neighbour is just toxic, sometimes we just cannot get on with somebody and at every turn there is a new issue, but it helps to get the right advice. We have leasehold and tenancy specialists, and our conveyancers have the experience and expertise to help you navigate a sale or purchase too! 

How Our Residential Property Team Can Help

We can discuss the particulars of an incident or dispute, we can consider the Title documents and when it comes to answering the questions referred to above, we can help! We have leasehold and tenancy experts, conveyancing experts and we are glad to be able to help, so before you accidentally mislead a buyer, or get caught and lose them, talk to me, Joshua Kingston or our residential property team. 

A university professor is facing a £180,000 court bill after his legal challenge against a neighbour, whom he accused of rendering his £680,000 London apartment “unsellable”, ended in defeat.

https://www.independent.co.uk/news/uk/home-news/daslav-brkic-douglas-palin-london-neighbour-b2980099.html