25 Feb 20 by Joanne High
Can You Sell A Property With A Boundary Dispute?
By the year 2030, 92.2% of Brits will live in cities across the UK. As more British people live in closer proximity to one another, they will inevitably find themselves facing conflicts with other property owners.
One of the more common conflicts homeowners face revolves around the boundaries of their property. Many issues surrounding property rights are open to interpretation, leaving the individuals to settle things on their own without a clear path forward.
Boundary disputes can be major or minor problems, but they almost always get in the way of a sale.
Are you about to put your home on the market? Here’s what you need to know.
What are Boundary Disputes?
A boundary dispute is a disagreement between two people whose properties share a boundary line. In most cases, the dispute is related to a fence or wall, which one party believes has encroached on their property. However, it can also relate to issues with home extensions.
These disputes can raise serious questions about property rights, but they can also be very mundane.
For example, a boundary dispute can occur when a fence falls down during a winter storm and both neighbours believe it’s the other’s obligation to repair the damage.
Can You Sell a Property with a Boundary Dispute?
The answer depends on the nature of the dispute.
In general, it’s poor practise to withhold any legal disputes with neighbours from a potential buyer. You also need to be honest about the facts of the dispute with any buyers.
Concealing a dispute is tempting because it can scare buyers away, which has knock-on effects for you. However, the alternative is much worse: if you are in a property dispute battle with a neighbour and a sale goes through, the buyer may choose to sue you once they realise what happened.
Will the Buyer Find Out About the Dispute?
Maybe the dispute has involved legal filings, or maybe it’s a battle between two neighbours who never really got on. But if there are legal proceedings involving your property line, your buyer can find out about these quickly.
Why? Because you will need to complete the ‘TA6’ seller’s property information form, which declares most major issues that could prevent a sale.
To stop this, it’s better to try to resolve the dispute prior to listing your home and avoid the awkward questions and admissions in the first place.
Resolve the Dispute and Sell Your Home
Sometimes, property disputes can go on for years. Both sides may think they’re right. Indeed, the nature of the law can mean both sides may actually be right. However, a dispute still requires a resolution both for peace of mind and if either party intends to sell.
You can save your buyers, your next home, and your whole transaction by using dispute resolution services.
A property dispute resolution service can help you settle ongoing neighbourly matters by using methods like arbitration, adjudication, and independent experts to bring the case to a successful close.
Are you facing a boundary dispute or another issue that’s threatening the sale of your home? Get in touch with our experienced surveyors, who can provide you with solid advice on your property and help you sell sooner.