Love thy neighbour? It appears not. There were two news stories in quick succession earlier this year, detailing how neighbours have fallen out and the extreme lengths they have gone to to cause upset.
From a wheelie bin war that involved a breach of a Criminal Behaviour Order and a trip to the magistrate’s court, to £300,000 spent over a four-year period wrangling over a 4 foot-wide stream, Brits will stop at nothing – even if it severely harms the prospect of selling their home in the future.
Research released in 2022 by Churchill Home Insurance found almost 11 million people – that’s 23% of the population - have been involved in a property boundary issue with a neighbour. More recently, The Times dedicated an entire feature to fallings out over land, lawns and the watering of potted trees – with each case ending up in court.
Boundaries are not the only reason neighbours clash. Other common points of contention can include:-
The law, however, is firm when it comes to disclosing neighbourly disputes when selling a property. The vendor will need to complete a Property Information Form (TA6) during the conveyancing stage and it will ask if there have been or are any disputes with a neighbour. Lying is illegal.
Deciding to gloss over or omit details will leave the seller open to being sued for property misrepresentation – a possibility that could come true years after the property is sold. On rare occasions, the buyer may win right to give the property back to the seller and receive a full refund for the purchase – an act known as ‘rescission’.
This is a bit of a grey area but a few cross words here and there do not constitute a dispute. Issues that have been amicably resolved do not need detailing either. If, however, you have complained to your neighbour in writing, received legal advice on a matter or have taken your neighbourly grievance to an authority, such as the local council or the police, a seller must disclose this.
Additionally, if the seller has ever complained about noise or nuisance behaviour and they know this has resulted in their neighbour receiving a noise abatement order or an Anti Social Behaviour Order (ASBO), this will need disclosing.
Sellers can try and resolve neighbourly disputes before they sell by contacting Citizens Advice, the Civil Mediation Council or the Royal Institution of Chartered Surveyors’ specialist neighbour dispute resolution service. If mediation is successful, the seller should obtain written evidence of a positive outcome. If you have a problem with your neighbours, however, they may be the type of people unwilling to reason or find a resolution.
Of course, many sellers don’t want to admit they have fallen out with their neighbour as it will devalue their home and harm their chances of selling. After all, who would go through with a purchase if they know next door has a habit of holding 3am raves every week?
A neighbourly dispute detailed on a TA6 form marks a home as a ‘problem property’ – one with a limited audience of buyers. From a buyer’s point of view, nuisance neighbours are one of the top 10 reasons why a property may fail to sell.
We think there should be no barrier to a successful sale, especially if the seller is the victim in a neighbourly disagreement. Open Property Group is not put off by antisocial or argumentative behaviour and will make a cash offer for any property – even if the dispute is lodged with the local authority or the police.
If you are embroiled in a neighbourly dispute and want to sell property fast to remove yourself from a situation - without question or delay - contact us today. We can have you moved within weeks – with exchange within seven days, if required.
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