Extension on Neighbours Property

Gundam · 15-06-2014 9:35am #1

Hi All,

I have recently gone sale agreed on a property but last Friday I got to know from our solicitor that there is a court case from the neighbours about the extension, that might have being built on their property. The extension is probably about 2/3 years old and I have already checked with council and the extension was built as per planning permission. The solicitor suggested not to go ahead, saying that the bank as well might refuse to give us the loan as soon as they know about the court case.
What are the risks if I decide to go ahead and buy the house? I believe if the neighbours win the court case they might request the extension to be demolished or a sort of compensation and as new owners we might risk liability.

Thanks

The_Conductor · 15-06-2014 10:00am

If your solicitor is suggesting you walk- its probably good advice.
At very best- you'd end up with neighbours who'd hate your guts and possibly feud with you forever after- at worst- you could be forced to demolish the extension. Either way- its a no-win situation. Walk.

Santa Cruz · 15-06-2014 10:07am

You could be dragged into a costly legal case not of your making with no guarantee that you would get costs even if you win. Definetley you will have stress and hassle and as the poster above said bad feelings with neighbours.
Take the advice of your solicitor and leave it.

PLUG71 · 15-06-2014 10:14am

For sure listen to your solicitor!!

murphaph · 15-06-2014 10:48am

This is actually pretty dishonest behaviour from the sellers if you're only finding out about from your solicitor. Stuff like this should be made clear in advance as you'll already have costs (your solicitor) to pay for a property you obviously don't want (believe me you don't want these headaches).

Cuddlesworth · 15-06-2014 11:13am

murphaph wrote: »

This is actually pretty dishonest behaviour from the sellers if you're only finding out about from your solicitor. Stuff like this should be made clear in advance as you'll already have costs (your solicitor) to pay for a property you obviously don't want (believe me you don't want these headaches).

Assuming it was never mentioned, I'd say there is a good chance that they did build on the neighbors property and they could be looking to offload it with the extension, before the destruction order comes down.

randombar · 15-06-2014 11:25am

Why not talk to the neighbours see what the story is?

amdublin · 15-06-2014 11:39am

You are paying your sol to give you legal advice. If it was me I'd be following it.

fasttalkerchat · 15-06-2014 11:39am

Agree with the neighbours to buy the land and get the house at a discounted price since they need to sell before the demolition order.

Mrs OBumble · 15-06-2014 12:50pm

fasttalkerchat wrote: »

Agree with the neighbours to buy the land and get the house at a discounted price since they need to sell before the demolition order.

Agree, your only option would be to cut some kind of deal with the neighbours, but I doubt that will happen.

Don't just walk away ... RUN.

God only knows what other gems you haven't found out yet, if this has only been revealed now

Marcusm · 15-06-2014 4:25pm

Gundam wrote: »

Hi All,

I have recently gone sale agreed on a property but last Friday I got to know from our solicitor that there is a court case from the neighbours about the extension, that might have being built on their property. The extension is probably about 2/3 years old and I have already checked with council and the extension was built as per planning permission. The solicitor suggested not to go ahead, saying that the bank as well might refuse to give us the loan as soon as they know about the court case.
What are the risks if I decide to go ahead and buy the house? I believe if the neighbours win the court case they might request the extension to be demolished or a sort of compensation and as new owners we might risk liability.

Thanks

If you are on notice that there is a title dispute then it is irrelevant what you want to do - the solicitor will be unable to certify good marketable title to the bank and thus you will be unable to drawdown the mortgage funds and complete the purchase. Quit now and minimise your costs.

imfml · 16-06-2014 12:03am

You could ask a surveyor to carry out a Declaration of Identity. This would show you where the boundaries lie and help you in making a decision.

househero · 16-06-2014 12:09am

imfml wrote: »

You could ask a surveyor to carry out a Declaration of Identity. This would show you where the boundaries lie and help you in making a decision.

Do that. Pay the surveyor. Then find that what your solicitor said was true. And walk away anyway.

the_syco · 16-06-2014 3:18pm

Cuddlesworth wrote: »

Assuming it was never mentioned, I'd say there is a good chance that they did build on the neighbors property and they could be looking to offload it with the extension, before the destruction order comes down.

Agreed. The OP probably wouldn't be looking at the house had the extension not been there.

I'm guessing that there is overhang from the extension of the house, and the neighbour may have found out that they can't build their own extension due to said overhang.

Extension on Neighbours Property

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