Western Mail Property Doctor Column #6
By admin
Issued on behalf of Emyr Pierce Solicitors
When I come to put my house on the market, am I legally bound to disclose details of any disputes I have had with my neighbours?
Ever had a bust up with your neighbours? It’s a standard question from all purchasers’ solicitors – whether the seller has been involved in any dispute with the people over the garden wall. It’s always a good idea to come clean with any problems you’ve had with the folks next door because the truth will out, and the danger is if you don’t disclose a dispute which then goes on to have serious implications on the new owner then he will have the right to take action for damages against you. You should never be frightened to be open and upfront about any issue – and the most common problems are boundary disputes, noise pollution and parking obstructions. Anyway, there’s little point in trying to keep disputes quiet because it certainly won’t take long for the buyer to discover the previous owner has been at loggerheads with the chap next door for years. There is always the tendency for sellers to try to keep quiet about on-going arguments with the neighbours because they’re afraid it might prejudice the sale and by their very definition people in these circumstances are desperate to move out. But you must always tell the truth, and it doesn’t necessarily mean the buyer will walk away. As long as you give full reasons for any problems, the buyer might realise it’s just a personality thing and adopt a different approach themselves with the neighbours. However, if it’s something quite fundamental like the man next door keeps kicking the fence down because he thinks it’s in the wrong place then that’s something that would need to be resolved long before any sale takes place. Potential buyers need – and have a right – to know if there are any inconsiderate or unsocial people living next door because of the effect it could have on them. Failure to disclose that is a very dangerous thing to do.
I have just remarried in my 60s and put my home in joint ownership with my new wife. But I want to ensure the children from my first marriage are looked after on my death.
This is becoming an increasingly common situation, and the chances are that anyone making a will nowadays over the age of 60 is more than likely to have been married before. First you have to make sure that you both own the house as tenants in common. Then you need to make a will that dictates that your surviving spouse has the right to continue to live in the house until he or she either co-habits, remarries or dies. Only then will the property pass on to your children from your first marriage. This may seem to be rather mercenary, but as much as you may love each other you will always have a deep-rooted obligation to look after your own children. Whatever you decide, it is crucial you make a new will. Please also remember that the act of marriage invalidates any existing will unless this has been made in contemplation of marriage.
