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Selling House - or I thought I had

Discussion in 'Legal and financial issues' started by Fastwalker, Mar 6, 2015.

  1. Fastwalker

    Fastwalker Registered User

    Apr 27, 2010
    178
    Tyne and Wear
    I would appreciate some advice on this matter please.
    I am selling my parents house (semi detached) after my mum who had Alzheimers died in November.
    My parents built a Conservatory in the early nineties which was against the neighbours extension. They got permission at the time to use the wall to put the conservatory against.
    I got a call today from my solicitor who said that the buyers mortgage provider had refused their mortgage because the conservatory encroached on the neighbours house. I was asked to see if there was anything in writing to prove that my parents had got permission.
    The neighbours are still there but the wife died earlier this week so I cant ask for a few weeks. I am still waiting for Probate but expect this to come through in the next couple of weeks. I want to sell it because it has been empty for over four years and I am sick of it. I almost have it empty.
    My solicitor is bizarrely acting for the neighbours - the house is in a large village so the solicitor isn't keen to ask although the sales are not connected.
    I just want this sold as soon as possible and wondered if anyone else had experienced something similar. :confused::confused::confused::confused::confused:
     
  2. BeckyJan

    BeckyJan Registered User

    Nov 28, 2005
    18,972
    Derbyshire
    Have you been able to go through relevant paperwork? Most people so hopefully your parents too, would keep these sort of documents somewhere. If the conservatory does encroach on the neighbour's property they are unlikely to say yes to this question. Unless they are extremely honest and the conservatory does not bother them.

    This is certainly a worry you could well do without.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    18,346
    Male
    North Manchester
    I understood the OP to mean that the conservatory was built against the neighbour's extension rather than encroach over the boundary, but I may be wrong.

    Depending when the work was done the LA may have some information, contact their planing and/or building depts.
     
  4. Fastwalker

    Fastwalker Registered User

    Apr 27, 2010
    178
    Tyne and Wear
    The neighbours house is also on the market and is sold. I am being asked to get permission in retrospect (20 years plus after it was built). My buyers wanted the house so much they went straight from looking round my mums house to put their house on the market and then put an offer in above the asking price. I feel so sorry for them but it isn't my fault. The solicitor said she would see what she could do. I am going to go through the few papers that are left in the house - I found the bill for the conservatory and know there is a file somewhere.
     
  5. nitram

    nitram Registered User

    Apr 6, 2011
    18,346
    Male
    North Manchester
    I would have thought that some sort of indemnity, guaranteed access for maintenance, could be arranged.
     
  6. jugglingmum

    jugglingmum Registered User

    Jan 5, 2014
    4,935
    Female
    Chester
    My neighbours had their greenhouse on our property, as the extension is 4 inches from the edge of the boundary, building control rules I understand so no footings or overhang from our extension on their property.

    This was a verbal arrangement with the previous owners of our house, and when we were buying we were asked if it could continue (back in 95), - as 4 inches of land is of no use we agreed, although greenhouse is no longer there they use 'our' ground as part of their back garden - of no use whatsoever to us anyway. So you may not find anything in writing.

    Think I may formalise ours - not planning to sell whilst kids at school but neighbours are trying to move to a bungalow.
     
  7. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,666
    Salford
    If someone builds a wall and it is on their property you don't even has the right to put a screw in it for a hanging basket, it's their wall on their property. There have been cases where someone puts a wall up and has refused the person onto who's property it faces permission to paint it for aesthetic purposes, it is at the end of the day someone else's property and British law is pretty hot on that.
    What would the cost be to make adjustments to the conservatory so it was no longer attached? It might be more expedient to spend a couple of grand with a builder and get things back on track with the sale of the house if they want it that badly.
    K
     
  8. Fastwalker

    Fastwalker Registered User

    Apr 27, 2010
    178
    Tyne and Wear
    Good idea Kevini. I went to the Estate Agent today and they are going to ask the buyer what he intends to do with it. It is over twenty years old but is in good repair (upvc rather than wood!). I know they want to extend.
    I really just want to get rid of the house now so will do anything to get rid of it.
    I have been told that it the solicitor is acting for the people next door too then she has an obligation to tell the solicitor of their buyers too. It gets more complicated than ever!
     
  9. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,666
    Salford
    Couldn't you just have a single skin breeze block wall built one inch away from the neighbours wall and support the conservatory that way or if they're going to get rid of it soon then a timber frame construction, as long as there is no physical connection between the two buildings (and it's safe).
    If you went down the breeze block route then breeze blocks are under £2 each and labour between £250 upwards but it's only a days work start to finish for a brickie and a labourer. There are 9 breeze blocks per square metre and 500 a day (with a labourer) is less than impressive, I can't see it being £1K max.
    K
     
  10. nitram

    nitram Registered User

    Apr 6, 2011
    18,346
    Male
    North Manchester
    "I know they want to extend."

    Just offer to demolish the existing structure and hope they don't back out.

    "Couldn't you just have a single skin breeze block wall built one inch away from the neighbours wall and support the conservatory that way"

    Difficult to reduce size of roof and wall and floor if suspended by width of block plus an inch.
    Also making new wall may require excavation which would involve the Party Wall Act.
     
  11. Kevinl

    Kevinl Registered User

    Aug 24, 2013
    4,666
    Salford


    An aerated breezeblock wall or even medium density wall could be put up without much in the way of foundations (as it's only going to be temporary) the rest you'd have to do with flashband or generally bog it somehow as all it's for is to satisfy the lenders. The party wall thing is only relevant in that the conservatory has been attached to the neighbour's wall thus creating a party wall with no formal agreement in place. When the neighbours built their extension no problem, when later the conservatory was built and attached to it (with permission) a party wall was created and with no written agreement proving the right to have done that the building society won't lend. Anything you do that separates the 2 building should do the job, either that or get an agreement drawn up which will take time and cost money.
    K
     

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