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Home purchase seller lied about neighbour disputes

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  • Home purchase seller lied about neighbour disputes

    Hi not sure if I'm posting in the area so apologies in advance!

    I purchased a property in July 2017. Upon arriving at the property with the removal van the next door neighbour ran out to tell me where I could and couldn't park, this was a massive red flag and more incidents were to follow when I had anyone visit the property.

    Becoming suspicious I asked the other neighbour if there had been problems with my immediate neighbour, turns out there had yet the seller had failed to disclose these issues and lied on the SPIF form. More annoyingly the person has not acted innocently he works in property!

    So far I've run up a bill of over 3000 with a solicitor trying to resolve issues with my neighbour that I have inherited from the previous occupant, any attempts of which have been futile. I now know why the previous occupant lied the neighbours are not nice people or can they be reasoned with but I am now stuck in this position through no fault of my own.

    my solicitor wrote to the seller who of course denied any wrong doing until he was shown a witness statement from my other neighbour proving he has lied, he then did a u turn stating he would not admit liability but would help sort the problem with my neighbour? I discovered a few weeks ago that his solicitor is no longer representing him. On hearing this I contacted a mediation service with a view to mediation, the seller is now saying hes not sure about mediation and has gone to the neighbour who provided the statement and asked him to revise the word dispute and do a new statement.

    I am beyond stressed and frustrated, I've followed the preaction protocol. I feel my only option is to issue court papers but I'm not sure how much this mess is going to cost to put right so how much fee I will have to pay. The move to my new home should have been a nice experience, its turned out to be awful. Any help would be gratefully appreciated, thank you.
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  • #2

    I'm sure your solicitor is best placed to give you an idea of costs and any claim you may have against the sellers for their lack of disclosure on the SPIF.

    McMeekin v Long - https://swarb.co.uk/mcmeekin-v-long-qbd-4-oct-2002/ - https://www.theguardian.com/world/20...4/law.property - their issue with the neighbour was a dispute over access that hadn't been disclosed, so directly affected the value of the property.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    • #3
      When you bought the property, were parking arrangements discussed?. Your neighbour says you can’t park there, does he/she have the parking plans to allocate who parks where.

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      • #4
        Thanks both.

        It would seem the neighbour has had her own way for sometime. There had been an unofficial driveway constructed under her window, it took me a while to discover there was no planning for this and it is in breach of the covenant. Our official spaces are in front of our garages, she now parks in her official space and her son will park directly behind her vehicle when he comes to visit. If anyone parks behind my vehicle they kick up a stink. So one rule for them another for us, Since moving to the property I have been kind, respectful and always considerate. Since my solicitor wrote to them they have dug their heels in further and extended the fence right down to the end of the path which has resulted in my property being land locked. If emergency services were to ever come to the property they would struggle getting down a 23.5 inch gap, I can now barely get a wheelie bin out. The lady next door is ok, it is her son who seems to be the root cause and he doesn't live there. My solicitor suggested a restraining order against him at a cost of 3000 which is money I don't have,


        I had hoped the seller would play ball when his solicitor said he would assist but he seems to be burying his head in the sand.

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        • #5
          if your solicitor is suggesting a restraining order, perhaps a word with your local police suggesting a prevention from harassment act. Gather your evidence first.

          If the driveway is unofficial, does their vehicle have to cross a pavement and if so, has the kerb been dropped.
          Last edited by Setmefree3; 17th October 2019, 11:11:AM.

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          • #6
            Originally posted by J27 View Post
            Thanks both.

            It would seem the neighbour has had her own way for sometime. There had been an unofficial driveway constructed under her window, it took me a while to discover there was no planning for this and it is in breach of the covenant. Our official spaces are in front of our garages, she now parks in her official space and her son will park directly behind her vehicle when he comes to visit. If anyone parks behind my vehicle they kick up a stink. So one rule for them another for us, Since moving to the property I have been kind, respectful and always considerate. Since my solicitor wrote to them they have dug their heels in further and extended the fence right down to the end of the path which has resulted in my property being land locked. If emergency services were to ever come to the property they would struggle getting down a 23.5 inch gap, I can now barely get a wheelie bin out. The lady next door is ok, it is her son who seems to be the root cause and he doesn't live there. My solicitor suggested a restraining order against him at a cost of 3000 which is money I don't have,


            I had hoped the seller would play ball when his solicitor said he would assist but he seems to be burying his head in the sand.
            I am not a Solicitor, but I have vast experience of Bad Neighbours regarding Land. I am taking Acres. You can apply to Court yourself and they will help you with the Forms. I got an Injunction on an individual by representing myself. I got two lads to serve the Notice on this person. From memory it cost me less than £100 but I am going back a number of years.

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