WILL MY BOUNDARY DISPUTE DEVALUE MY PROPERTY, MAKING IT HARDER TO SELL?

BOUNDARY DISSPUTES WHAT DO THEY MEAN

A boundary dispute is quite simply and issue over a right of way, a dispute over access, or when neighbours have disputes over a parcel of land. This could be a small piece of land that involves a hedge that has encroached on your land, or may be a tree where the roots are causing damage. It may be an issue over a cess pit, or knot weed that started on a neighbouring property but has now spread to your property.

It is never helpful to have a neighbour dispute if you are in the process of selling your property, or at all. If the dispute has become more than a few cross words exchanged, then any disputes should be disclosed in the property information form.

This PIF must be completed by the seller and given to the buyers solicitors when the conveyancing process is being completed. It may effect the sale of the property if there is an unresolved dispute, but, if you do not disclose a dispute then the buyer could hold you responsible for mispresenting the property and look to you for damages/compensation to put right the dispute after sale.

Also, if there is a piece of land that one person believes is theirs and the other person disagrees, then it will be identified by any buyers solicitors as an issue that needs to be resolved before a successful sale can proceed.

If you are thinking of selling your property and envisage that there will be issues upon any sale, then it is very important that you resolve those issues quickly and efficiently before the sale progresses. We at Newbold have a team of 8 who have the experience, enthusiasm and dedication to support you, resolve any boundary/neighbour issues and take away the stress. We work closely with our large conveyancing team to ensure the sale proceeds quickly and cost effectively for you.

Disclaimer: the above does not replace getting legal advice; all cases are different and need a different approach to resolving them. Please call Newbold if you have a problem that needs to be resolved before sale or purchase and we will be happy to help you resolve it

TOP TIPS FOR LANDLORDS AND TENANTS - A GUIDE TO YOUR RIGHTS AS A LANDLORD AND A TENANT IN ENGLAND.

THIS BLOG RELATES TO PROPERTIES IN ENGLAND AND NOT WALES

There are so many complex changes in housing law that we cannot cover them all here. We will address a few of the numerous questions that we are asked. We therefore ask that if you have any questions relating to your tenancies, that you contact our dedicated housing team who will be delighted to help you.

Here are just a sample of questions we have been asked to address:

Rent increases:

The first step is to check the tenancy agreement. It is unusual for a rent increase to be permitted within a fixed term contract. Rent can only be increased once a year. A rent review maybe contained in the tenancy agreement. A Tenant can ask for their rent increase to be reviewed if they feel the rent is too much and is unreasonable (Form Rents1 from GOVT.UK) If a rent is reviewed by a tribunal then the rent can go up as well as down. So it is sensible for both a landlord and a tenant to check the local market rent.

If the fixed term of a contract has expired and the tenancy becomes a 'rolling contract', then the Landlord may either offer a new contract (possibly with the increase in rent), or serve notice if the tenant confirms that they cannot afford the new rent in the new contract.

If you are a landlord who is looking to increase their rent then please call one of our knowledgeable and friendly team for support and guidance.

Deposit

A deposit is usually taken to cover any damage (over reasonable wear and tear) caused by the tenant or a pet etc. It should not be more than 1 weeks rent. The Landlord should register that deposit within 30 days of receiving it. If the deposit is not registered in a qualifying scheme, the tenant is due damages/compensation. If you are a tenant and you want to check if your deposit has been registered then you can visit the DPS and/or TDS website. Along with the deposit being registered the tenant should be provided with a guide.

If the deposit is not registered, then there will be issues with obtaining a possession order.

There are ways of still recovering possession, but we suggest you call our housing team for further help.

Eviction

Landlords can evict a tenant if they follow the correct procedure. All the regulations must have been complied with and they must have served a valid notice. Currently in England there are two notices; a S8 notice (for breach of contract) and a S21 (no fault evictions). Westminster will be banning no fault evictions in England and please keep in contact with us so that you can be updated on this. The vast amount of notices that we are given to review are unlawful, it is important for both a landlord and a tenant to have their notices reviewed or (in the case of a landlord) drafted correctly, as lost time costs money. For a tenant, they may not have to leave a property if the notice is invalid.

Disrepair - what are tenants rights where there is damp or damage to a property?

A property must be in a 'good state of repair' in order to be suitable for renting out. The property must be fit for human habitation. The property must have all essential services in good working order (gas, heating, electric, water). The structure of the property must be in good order (windows, rooves etc).

The law has been extended now to cover such things as 'condensation', and this is contained in the housing act 2002.

A tenant who has a complaint should contact their local authority and ask for an environmental health visit. An environmental health officer can serve a notice on a landlord forcing the repairs and handing out fines.

A tenant can claim damages/compensation for any breaches of the repairing covenant.

Can I have pets at the property?

It is difficult for a landlord to unreasonably refuse a well behaved pet. There are measures in place that will soon be made into law, stopping landlords from preventing well behaved family pets from living at a rental property.

Disclaimer: the law in England and Wales is very different and they are constantly changing and developing. The above is for guidance only and not meant to replace legal advice. Please speak to our team on individual issues and we would be delighted to help and assist you in this complex area of law.

Mould can cause respiratory issues. The spores can be breathed into the lungs of people causing serious issues. However, mould is often left untreated in homes, especially private rented properties.

A family from Oldham claimed that their son aged 27 died from living in a rental property where the damp was not remedied by the landlord. The young man suffered with chest pains and then sadly died.

It can be difficult to prove causation between a health condition and living in a property where there is disrepair, but that does not mean a Landlord can get away from allowing the issue to remain. If you live in a property where there is mould or damp, you should contact your local Environmental Health Officer and the office can prosecute the landlord and force the repairs.

It can be difficult to find a law firm that will accept disrepair claims. NewBold may take on certain cases under a no-win-no-fee arrangement.

Not all claims for disrepair are genuine and some unscrupulous tenants will raise unfounded disrepair claims just to put a hold on any possession claims. So if you are a Landlord that feels this has happened, then you may be able to defend the application, you may also be able to make a claim against your letting agent for failure to inspect your property.

If you have any further questions, then please call our housing team for further advice and guidance housing@newboldsolicitors.com

Disclaimer: the above is not intended to be legal advice or medical advice, cases differ and the advice will differ depending on your individual circumstances.

Boundary dispute - ask a solicitor.

A simple guide to a complex area from a UK specialist law firm.

What is a boundary dispute?

Boundary disputes usually arise when one person believes that they own a piece of land that is currently being occupied by another person. Often it involves a wall, but can include a driveway or another structure.

Sometimes a buyer has purchased a property and the conveyancing solicitor may have made a mistake with land ownership; the piece of land you believed you were purchasing does not appear to be yours. Or it could be, that the access that you thought you had, you do not.

You may have a claim for negligence against the conveyancer (the solicitors firm that dealt with the conveyance). We can help look at the documentation and plans and advise you if you do have a claim and how the claim can be resolved.

Boundary disputes have to be resolved because they do not go away. Boundary disputes not only cause huge amounts of stress, they can effect the future sale and value of the property.

In order to look at the boundaries, you need to look at any historic title deeds. You need to examine the title deeds, plans and any historic use documentation that you may have.

If you have a dispute involving your neighbours property, our team at NewBold would be delighted to help you. We would probably complete a site visit so that we can observe in person what the issues are; sometimes this is not always possible, but if you can send us photographic evidence, if you have any ordnance survey plans (otherwise we can obtain them for you), we can look at maps, title documents and advise you. We may have to instruct a surveyor, obtain the original conveyancing file from any previous solicitors firm you instructed. Evidence gathering and reading plans is something we have vast experience of.

Your neighbouring property may argue that they have always had a right of way over a piece of land (for a period of over 20 years), or that they cannot use their property without using a piece of land that you believe is yours. This of course can be argued vice versa.

We at NewBold are specialist property lawyers with 9 staff just dedicated to boundary disputes and property litigation, we know how stressful boundary disputes are, we know they can be expensive, but at the same time, they must be resolved. For this reason we take the case on in stages, and at every stage we try and resolve the issue for your benefit as quickly and cheaply as possible.

Please email housing@newboldsolicitors.com or telephone us on 0330 060 0247