Giant Hedge - from beyond the grave?

Re: Giant Hedge - from beyond the grave?

Postby Roblewis » Tue Jul 05, 2011 9:37 am

Treeman

You may taking too narrow a view of the word dispute in the context of house sales, or treating it a tad too lightly. A dispute can be created merely by an enquiry about the position of one of his or his neighbour's boundary even if the enquirer does not pursue the matter further. Vendors have to be aware that if the buyer can show misrepresentaion, assuming he has insurance or otherwise funded, then the damages can be exceedingly high. An executor has to make buyers aware that a potential ongoing dispute exists or is liable to the beneficiaries for any losses
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Re: Giant Hedge - from beyond the grave?

Postby Conveyancer » Tue Jul 05, 2011 12:48 pm

It is often said that it takes two to argue. "Dispute" can be synonymous with "argument" but in the context of answering questions when selling property it is wise to assume that "dispute" means "issue".
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Re: Giant Hedge - from beyond the grave?

Postby Treeman » Tue Jul 05, 2011 9:55 pm

Roblewis wrote: An executor has to make buyers aware that a potential ongoing dispute exists or is liable to the beneficiaries for any losses


But before that Treeman wrote
Treeman wrote:That's a request, all the vendor needs to do is say no we will let the new owner decide that and inform the potential buyers about the request.
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Re: Giant Hedge - from beyond the grave?

Postby TO » Wed Jul 06, 2011 8:13 pm

Hi

Roblewis wrote:An executor has to make buyers aware that a potential ongoing dispute exists or is liable to the beneficiaries for any losses
I have a couple of issues with this statement.

We all have neighbours, so there is always the potential for a dispute, but that doesn't mean we have to state that anywhere. Only actual disputes have to be reported.

All disputes are ongoing until such times as they are resolved, then there isn't a dispute.

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Re: Giant Hedge - from beyond the grave?

Postby Roblewis » Wed Jul 06, 2011 9:18 pm

TO

The point I was making was that there may be an approach about something with questions such as this hedge problem. A competent executor will recognise that there is a potential for dispute arising out of this and should inform accordingly. For any owner who seeks to ask questions or has a neighbour who has asked questions the potential exists at that point. Remember that the SPIF question phrasing tends to use the term "may affect". Going to the point of a formal dispute is odten treated as the test of whether any matter has to be reported on the SPIF. The balance is clearly moving towards disclosure of all matters, and that includes noisy neighbours even across the street, where you have raised the matter in some manner.

The rock solid defence that many vendors felt was contained in "caveat emptor" has all but dissapated especially where there are issues in the knowledge of the vendor prior to sale. The fact that the dispute has ended does not remove the need to disclose especially if the other party to the dispute is still living there.
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Re: Giant Hedge - from beyond the grave?

Postby Conveyancer » Thu Jul 07, 2011 8:44 am

Roblewis wrote:The rock solid defence that many vendors felt was contained in "caveat emptor" has all but dissapated especially where there are issues in the knowledge of the vendor prior to sale. The fact that the dispute has ended does not remove the need to disclose especially if the other party to the dispute is still living there.


I think that that is right. The way to look at it if you are selling is: Would I want to know this if I were buying?
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Re: Giant Hedge - from beyond the grave?

Postby dodo » Fri Jul 15, 2011 11:07 am

Thanks to everyone for your comments and discussion - very informative.
I wrote to the solicitor dealing with the estate asking for the hedge height and width to be reduced.
Yesterday the estate agent dealing with the sale approached me and told me it had been agreed that the advice of an arboriculturalist and action to reduce the hedges to an acceptable height will be paid for from my deceased neighbour's estate.
Very relieved at this pleasing result. Thanks again to all for your advice.
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