How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

The house we are purchasing has been owned by a person for

Resolved Question:

The house we are purchasing has been owned by a person for nearly 20 years but he's never lived in it - it was rented out. At the back of the rear garden there is a [quite significant] mound of soil and rubbish and rubble which both myself and the surveyor have picked on. I have repeatedly asked for it to be removed and the seller is refusing - he would "only" remove the obvious rubbish from the surface, but will not look through the mound to clear it out. He admitted in writing that the mound is a result of his tenants dumping rubbish over the years! Also, in his Seller's Information Pack, he ticked "Yes" to removing all rubbish from the property, and YET his solicitor told him it is contractually acceptable for him NOT to clear the mound. I have asked mine for advice but they are useless and not answering. This is the only thing that is holding us up from exchanging. Is the seller truly contractually in the clear over this? Surely you can't expect a buyer to inherit your tenants' years of rubbish????
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Can you kindly clarify to what extent does the mound consist of rubbish and to what extent soil - if you had to guess what proportion of each comprises the mound?

Customer:

Hi, the area covered is about 20x10 ft, so quite large. It is hard to know how much is soil and how much is rubbish without digging it up - I would say probably 60% soil, 40% rubbish

Customer:

most of the rubbish is *in* the mound, not on its surface - only bits would be sticking out

Joshua :

Thanks. Because the "feature" for want of a better word is not just a pile of rubbish but is principally from what you say comprised of soil albeit with a lot of rubbish compacted down, this would not fall for a definition of rubbish within the terms of the national conveyacing protocol documents. Rubbish is not attached to the land but can be freely remove with little or no effort. From what you say this has become almost a mini landfill. He would have contractual obligation to remove the same on the basis of his agreement to remove rubbish in my view and consider his solicitors are correct.

Joshua :

However the position is clearly not acceptable and there is no obligation on you to accept the position.

Customer:

sorry the last sentence confuses me - his solicitors say he is not obliged to remove it, but if it is a mini-landfill as you very appropriately described, he should be obliged to remove it?

Joshua :

There may be a health and safety concern under the Environment Act whereby the council may service notice to remove accumulated rubbish which you would inherit if you bought the property as is. You may wish to consdier advising the seller that he must either undertake to remove the same and make good any contamination that may have been caused to the land prior to completion or alternatively you will obtain quotes for removal and reduce the purchase price accordingly on the basis he allows access between exchange and completion to provide for the work. The former would be preferable so you do not have to get involved.

Customer:

Perfect, thank you!!!

Joshua :

Regarding your last post, to be clear I do not consider he is obliged to remove the mound based on the force of his confirmation in the property information forms, however as a buyer you can require that he does remove it as a contractual condition of purchase as suggested above.

Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

Customer:

that's exactly what I was after, thank you.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

thank you Joshua, that's the best answer I've had today.

Joshua :

Thanks - thats good to hear. Do ensure your solicitors obtain confirmation in writing from his solicitors or better still include a specific condition in the contract such as above.

Customer:

will do

Customer:

have a lovely evening, and thanks again

Joshua :

And you

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice