Coming clean about disputes

Spring is traditionally the time for cleaning, decorating or selling a home but what is outside the four walls can be as important to a prospective buyer as the luxury bathroom.

For example, current legislation means that vendors must be completely honest with buyers about any disputes they have had with neighbours, such as over shared driveways, encroaching foliage or party walls.

Of course, some problems with neighbours are subjective – one man’s awful racket is another man’s Bruce Springsteen – and it is up to the vendor whether or not to disclose such issues he or she may have had with neighbours in the past. However, if a dispute has been serious and the vendor fails to tell the buyer about it, then it can result in legal action being taken at a later date.

Meanwhile, problems that can be dealt with in a more objective way often centre around land and boundaries. For example, it is easy to check with the Land Registry exactly where a boundary exists but only ‘inside knowledge’ can tell the purchaser whether or not a neighbour habitually uses the end of the seller’s garden to get to his garage.

If the vendor fails to mention this, then the purchaser could easily fall out with the neighbour the first time he attempts to cross their land, which could have been avoided if the buyer had known about the matter before they bought the property.

The safest way to overcome potential problems further down the line is to consult a solicitor when asked any questions by prospective purchasers. That way, the vendor can avoid legal action after the sale and can fill out any questionnaires sent to them with a clear conscience.