Island Life Magazine Ltd October/November 2007 | Page 24

life

PROPERTY

Love they
neighbour
as thy self!
Photo - Terence Willey
Perhaps one of the most
important ten commandments?
Whilst some of us are fortunate
enough to enjoy the very
best of relationships with our
neighbours, one thing for
sure is falling out with our
neighbours can prove to be a
perilous and costly exercise.
When selling our property
we are obliged to disclose
to our buyers whether or not
there have been any past
disputes with neighbours or
any individuals, and whether
any nuisance or annoyance
has been experienced affecting
the property. I have always
considered this particular
enquiry should be given
very careful consideration
before submitting a reply. It i s
important that the seller gives
the buyer absolute disclosure in
respect of any past or present
disputes or problems that may
have arisen between their
neighbours and of whatever
nature. Often clients do not
consider it important to mention
that past problems may have
arisen over boundaries and
correspondence exchanged
between parties or a nuisance
or noise issue involving reports
to the local Environmental
Department and sometimes
the Police. Often such issues,
whilst not continuing at the time
of a proposed sale, remain
dormant with issues unsettled
and an atmosphere prevailing
with the neighbours. A seller,
in failing to disclose such,
could face legal action from a
buyer upon discovery of such
issues and where not disclosed
prior to contract, a seller
could face legal action from a
buyer following completion.
I recall some years ago a
case involving a non disclosure
issue prior to contract that had
clearly been ongoing between
neighbours concerning a

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car repair business being
undertaken at the neighbouring
property involving a
considerable nuisance. At the
time the buyers viewed the
property, prior to contract, it was
not apparent that such activities
were being undertaken and
it was not until the buyers
moved into the property that
they encountered very serious
nuisance issues. Upon further
enquiries it became clear
that correspondence had
been entered into with the
Environmental and Planning
Departments of the Local
Authority and that a Planning
Application was being
processed to regularise the
business being operated
from the property. Despite the
buyers strong objections to
the applications consent was
granted by the Local Authority
subject to conditions and
the buyers, upon seeking a
revaluation of their property,
discovered the valuation of
their property was prejudiced.
They subsequently brought
an action against the seller
for compensation for non
disclosure and were successful
in this action and subsequently
were awarded by the Courts
substantial compensation
and costs for the reduced
valuation of their property.
Whilst we all conduct our
lives and our aspirations in
different ways, it is always
wise to maintain friendship
and understanding with
neighbours, as at the end
of the day it can only serve
well for the preservation and
marketability of both properties.
If you would like any further
guidance or assistance
without obligation please do
not hesitate to arrange an
appointment by telephoning
01983 875859 or 01983 811222.

Island Life - www.isleofwight.net