Do sellers have to include neighbour disputes on a property information form? Do we have to let future buyers know about our issues with next door?

We have a right of way that goes through our neighbour's garden to access our own, but our neighbour doesn't like it. If we sell our flat do we have to disclose our issues with next door?
Merrily Harpur
Fiona McNulty8 April 2019

Question: According to the title deeds of our property, we have a right of way over a path that runs along the side and rear of our neighbour’s garden to access our patch of back garden.

We have only ever used the path to transport bags of soil or plants but each time we do so our neighbour goes mad, hurling abuse at us. We ignore him and carry on.

If we want to sell our flat in the future, would we have to tell the buyer that we live next door to a complete er... nincompoop?

Answer: The nature of what has to be disclosed on the sale of a property is a frequently asked question.

The situation is that a seller of a property should disclose defects which would not be apparent upon inspection — and a neighbour dispute could be such a defect.

In the course of the conveyancing process the seller should complete a Property Information Form which is then sent to the buyer’s solicitors with the contract.

This form lists numerous questions about the history of the property being sold and it is crucial that the seller answers these questions accurately.

One section of the form asks if anyone has taken steps to prevent access to the property or has complained about access to the property.

Another asks if there are any complaints or disputes about the property being sold or property nearby, or if the seller is aware of anything that might lead to a dispute regarding these properties.

If you fail to disclose the issues you have had with your neighbour regarding your usage of the right of way over the path leading to your rear garden, you could run the risk of being sued for misrepresentation.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, please email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here. Fiona McNulty is a solicitor specialising in residential property.

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