neighbour hindering sale

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xt40

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hi ,
i have a semi house for sale in dublin for the past 3 months with no offers. its a nice house in a fairly good location and is priced at 400k which is the lower end for the area. the week i was putting it up for sale , the neighbours approached me to tell me they were putting up an extensiion and ask if i woiuld mind them taking down the rear dividing wall to replace it with sth more substantial which would share founds with their extension . i didnt mind on the condition that the wall would be reinstated asap. needless to say , this hasnt happened and according to the ea, the lack of a boundary has definitely put some people off the house . 2 weeks ago , the husbend had the cheek to ask me to pay for half the new wall. i told him politely but firmly that i would not be paying anything towards it as
1 there was nothing wrong with the old one,
2 it was all his idea.
3 i was never consulted about any aspect of it.

a friend popped in yesterday to have a look at the progress and told me that the wall is up where their new extension is, but there is nothing beyond that (7 metres from the rear of the property).
i want this rectified yesterday and was wondering if anyone can advise me
how i can force them to complete the work. eg can i threaten to sue them for compensation or something. Any suggestions would be greatly appreciated
 
If the house is in a good location I honestly do not believe this boundary wall problem is the only problem. How much will it cost to put up a new fence? It may be worth it in order to sell your house. Where in Dublin is your house for sale?
 
You say you were never consulted about any aspect of the wall, but also that the neighbour approached you to ask for your permission before taking it down...

I'd try asking them nicely rather than threatening legal action. It's your word against his as to whether you agreed or didn't agree to pay half of the costs of the new wall, unfortunately.
 
how i can force them to complete the work. eg can i threaten to sue them for compensation or something. Any suggestions would be greatly appreciated
Click to expand...

You could casually mention that you're selling your house, but only rough looking people are interested because of the lack of a boundary wall.

I'd forget the legal route, if you want to sell your house within the next few years.
 
I would keep it as low key as possible. Any hint of a legal dispute over boundary compensation with a neighbour will definitely frighten off more potential buyers.

You might even get to sale agreed stage and the buyer's solicitor could highlight an outstanding legal problem which would frighten many people from closing the sale.

I would try to keep it all very friendly and make sure the EA explains the missing fence/wall as temporary while work is in-progress next door. Most buyers would accept this, it's pretty normal IMO. EA should also point out how the excellent relationship with your neighbour allows mutual acceptance for improvements. Your potential buyer may wish to extend in the future also.
 
Am I right in thinking that their intention is to build a party wall, part of which will form the outside wall of their extension? If this is the case they should have requested a party wall agreement in writing as they will need access to your property to initially build and plaster this wall and later for maintenance. You should also check whether their roof and rainwater goods will be overhanging the property. If it is a party wall forming part of their extension then you should contact your solicitor to discuss a party wall agreement. Your neighbour will need something in writing from you regarding access for maintenance etc when they are selling. Once you have discussed it with your solicitor you can talk to the neighbours explaining that a legal agreement is desirable for both parties, with the low key threat that you will not let them on your property to build/plaster the wall. You should also get a written agreement regarding a time frame for re-instatement of the boundary wall. Once an agreement has been reached the auctioneer can explain the situation to potential purchasers. If I were advising a potential purchaser of your house I would probably advise them to look elsewhere unless they were dead set on your particular property. Although there is no dispute at present, an agreement is only that, it would have to be enforced. It would be better if you did not try to sell your house untill this is all sorted out and the boundary re-instated.
 
Get a dog and put him in your back garden. Your neighbour will build the wall quick enough! I know you're laughing but I'm not joking... it will work.
 
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