neighbours Archives - Emyr Pierce

May 12

Do I need to tell buyers about my house’s history?

I have decided to sell my house which was the scene of a violent and tragic incident before I moved in 12 years ago and which attracted a lot of media attention at the time. Is this something I need to declare to potential buyers?

There is an obligation on all sellers to disclose all information about the property which is within their knowledge. This has been the subject of extensive case law which has established that substantial damages may be awarded to victims of misrepresentation where this can be shown to have an adverse effect on the valuation of the property, or its saleability.

While sellers may choose to rely on the concept of “caveat emptor” or “let the buyer beware”, it is now an established principle that sellers are obliged to disclose all relevant details relating to the property which are within their knowledge. This can range from the existence of any structural issues such as dry rot or damp, to a long-standing neighbour dispute.

Damages were assessed at £67,000.00 in 2008 following a failure on the part of a seller to disclose the existence of an ongoing dispute with a neighbour. Please also note that your Solicitor is also under a duty to disclose information of which he is aware and may have to refuse to accept instructions from a client who is is unwilling for such information to be disclosed.

May 8

Is the fence mine or my neighbours?

I have just moved into a new property, but how do I know if a fence is mine or the neighbours? I’ve looked among the title deeds and there is nothing obvious marked on any conveyancing plans.

The majority of properties do not actually have the ownership of boundaries designated. It is also a myth, contrary to some belief, that it is not always the left or right hand boundary that belongs to the property. The ownership will usually be shown on the original Conveyance, Lease or Transfer plan by inward ‘T-marks’. These will depend on where the development starts, and the property on the end can often be responsible for all the boundaries. If you back on to nothing then the rear boundary will always be yours.

If a property is split into two, the responsibility for maintaining and repairing the new dividing boundary will usually be allocated to the owner of the property being sold off as this is determined by the person selling off that part. In the event of there being no plan which identifies the ownership of boundaries, as in the majority of cases, then the boundaries separating each property are deemed to be shared or “party” boundaries. Those boundaries which do not adjoin another property (such as the rear boundary backing on to a lane or the front low wall of a terraced property) will always be the responsibility of that property.

May 8

Is my neighbour allowed to keep a goat in his garden?

My next-door neighbour has just bought a goat which he plans to keep in the back garden to keep his weeds down. Is he allowed to do this in a residential community?

Some occupiers do have somewhat unusual pets such as sheep and pigs and keeping such animals as pets does have its risks. The majority of properties are subject to restrictive covenants affecting their use. The most popular being the ‘residential dwelling house only’ restriction. But a close second is the covenant not to cause a nuisance or annoyance to adjoining occupiers.

While in the case of older properties there is rarely a covenant against keeping non-domestic animals as pets, newer properties, particularly on new developments, are usually subject to such a restriction. It would, therefore, come down to a question of nuisance to your neighbours, and there could of course be other Public Health Act issues (such as smell) with which you would need to be aware.

Again, these would only become an issue in the event of a complaint in which case it is anticipated that such a complaint would, in the main, be justified! On the other hand for many years a much-loved resident of my local community in Rhiwbina, Cardiff, was a pet sheep. He was a favourite with the locals – but clearly didn’t eat any of the plants in their gardens!