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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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Our back garden backs onto the car park of our steading. One

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Our back garden backs onto the car park of our steading. One neighbor complained about the height of the bushes in our garden as they claimed they caused the birds to leave droppings on their car. During this discussion we were threatened and they advised they would harass viewers as we are selling our property and tell them they were in dispute with us.

We have trimmed the bushes back to the height of the fence as requested but we have discovered that the neighbor is bombarding our estate agent about the issue and quoting the law about boundary fences and disputes. Our Agent is now saying we need to declare the dispute. Our neighbor is currently in Cyprus and does not realize we have cut back the bushes as they have not contacted us directly. We do not believe we are in dispute as we have done as requested.

We have not contacted the neighbor directly on advise of the community police as they are known troublemakers as they had a dispute with another neighbor in the Steading. Where do we stand?

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Customer:

Hi, any advise you can give would be appreciated as this situation has got out of hand.

tdlawyer :

The safest thing always is to disclose this, because if not, the new purchasers might find out about it and seek to sue you for non-disclosure.

tdlawyer :

However, I can understand why you wouldn't want to disclose it.

tdlawyer :

Especially if they're nuisance neighbours!

tdlawyer :

This is the chance you need to decide whether to take or not. I take your point about the lack of "dispute" in the sense that you have done as they requested, and hence, what is there to disagree about.

Customer:

Our Agent has agreed to come to the property today to take photos of the boundary bushes and they will reply to the neighbor.

tdlawyer :

However, the neighbours feel aggrieved about something to be bombarding the estate agent with information about boundary disputes etc.

Customer:

They got into dispute with their direct neighbor which led to them physically attacking the neighbor and they have a court dispute ongoing. We understand them to be bullies and we do not want to give into their unreasonable demands because the more you give in the more they will demand

tdlawyer :

True .... I agree with you about that, bullies need to be stood up to. Of course, even if you didn't mention this "dispute" then even if the new purchasers come in and believe there had been a dispute, it's not to say they would sue you, or even could afford to sue you etc...

tdlawyer :

There are no guarantees or certainties either way really.

Customer:

So, we are at a loss either way.

tdlawyer :

Not necessarily - the best thing to do would be to say "Our neighbours requested us to cut down xxxxx and we did on xxxx. We do not consider it a dispute, but the estate agent suggested we mention it."

tdlawyer :

Then they're on notice of the facts and if they with to enquire (the potential purchasers) they can do so before purchasing.

Customer:

That make sense. Thank you.

tdlawyer :

Can I ask whether you're happy with my service today please?

Customer:

Yes.

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