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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10610
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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please can you help, my Neighbour has knocked over the end

Customer Question

please can you help, my Neighbour has knocked over the end of our party driveway wall but is refusing to repair it. she has just put her house up for sale and i am concerned that she will sell and move without paying for the repair. can you advise if their is anything i can do to compel her pt pay for the damages/
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Whenever someones sells a property, there is a standard Property Information Form which their Solicitor will ask them they to complete. one of the questions on this Form is "are you aware of any disputed concerning the property?". If the Seller lies on the Form, they are liable to be sued by their Buyer for any false information provided.

Therefore, as you have raised this issue with your neighbour, she should either rectify the problem or at least notify her Buyer, as and when one is found.

I would therefore suggest you do the following-

Write another letter asking her to rectify the damage as well as explaining that if she does not, that no doubt she will dsclose to her Buyer that there is an ongoing dispute with you.

Please also send a copy of the letter to her Estate Agents. They are both, therefore, on notice that matters need to be remedied or notice given to her buyer. Any Buyer is unlikely to wish to proceed where there is an ongoing dispute with the property, so normally this would force the guilty party to put right the damage!

I hope this assists and sets out the legal position.

Kind Regards

Al