Neighbours ruined the sale of site

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Peppapig

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Hi all

I’ll try cut a very long story short but my husband is estranged from his parents for very serious reasons. Anyway he was selling a site next to their house. They can’t even view into it with the size of their hedge and it’s on a cul de sac etc. It’s perfect. We got a buyer and they were excited to apply. However my husbands father had threatened him when he put it for sale that he would be objecting to the house build etc and he didn’t want a house on the site next to him. Nice man...
So the couple informed us that they were pulling out of the site as they had been approached by his parents while they were out viewing thesite recently. My husbands parents told the couple that they were going to object to their houseand there was a dispute between us and god knows what else but the big issue is is that they told the couple that there was a “problem withthe land” basically insinuating that it is not legally ours or whatever. This is nonsense. I just wonder if anyone has any experience of this type of thing and legally what we can do about theneighbours/ parents. I’m waiting to hear back from our solicitor. It feels like they are waging a campaign to destroy us like they said theywould. (They have been covering up for the man who abused my husband as a child. Hence thedispute and the file is with the authorities justrecently)
 
But you put the site up for sale. When I say, do nothing, I mean do nothing. There is no amount of law or injunctions or court orders that will easily resolve this issue, what ever money you might make from selling the site will be lost in legal fees.
 
Well we needed the money so we had to. We are at an enormous loss. The deal was done. They told lies to deliberately spook the buyers. We feel so wronged. I don’t blame them for pulling out before they went investing money in an architect etc. I’d have done the same if I was told there were “problems with the land”
But this deal was done since September so we’re a long time waiting for this. Waiting to speak to my solicitor feels like a lifetime.
 
What a horrible situation.
Firstly regarding the alleged abuse your husband suffered. This type of situation legally drags on and on. This type of situation can drag on through generations and completely destroy a family. Hopefully sometime somehow closure can be found.

Regarding sale of site unfortunately in real terms it is a totally different issue. They can object to planning bring it further if local council approves planning. Planning bodies will not want to know about any issues outside of planning. Also prospective buyers of the site will not want to get involved in family disputes and will not get involved. Would you in the same situation?
 
Totally. His parents have the perpetrator up for lunch regularly. They have always punished him for it.
I totally understand why they backed out. I would have done the same. It’s the lies they told that damaged us
 
"We are at an enormous loss"

Why are you at a loss if the sale didn't go through?

Estate agent only gets paid on the sale I thought?
 
If you are going to move forward, in all senses, you cannot allow the "parents" to continue to conduct themselves in such an oppressive manner.

You have a proper legal entitlement to sell your property at it's correct market value without interference.

The conduct of the parents might constitute a deliberate interference with a contract. Ironically, there is no contract formed as they are putting off the putative purchasers by their malicious conduct. That leads me to consider if there is a tortious act being conducted here in the form of malicious falsehood as per S. 42 of the Defamation Act of 2009. Here is a link http://www.irishstatutebook.ie/eli/2009/act/31/section/42/enacted/en/html

I am unsure if this approach would be possible but you might have to consider seeking an interim injunction against the parents prohibiting their specific behaviour towards potential buyers.

This may have to get nasty before it gets better. I would threaten the parents to sue them over this and to register any judgment obtained against their property ! In other words, tell them that if they keep it up it is their property that will suffer.

You need a considered opinion from your solicitor and counsel to get a grip on this now.
 
DirectDevil said:
If you are going to move forward, in all senses, you cannot allow the "parents" to continue to conduct themselves in such an oppressive manner.

You have a proper legal entitlement to sell your property at it's correct market value without interference.

The conduct of the parents might constitute a deliberate interference with a contract. Ironically, there is no contract formed as they are putting off the putative purchasers by their malicious conduct. That leads me to consider if there is a tortious act being conducted here in the form of malicious falsehood as per S. 42 of the Defamation Act of 2009. Here is a link http://www.irishstatutebook.ie/eli/2009/act/31/section/42/enacted/en/html

I am unsure if this approach would be possible but you might have to consider seeking an interim injunction against the parents prohibiting their specific behaviour towards potential buyers.

This may have to get nasty before it gets better. I would threaten the parents to sue them over this and to register any judgment obtained against their property ! In other words, tell them that if they keep it up it is their property that will suffer.

You need a considered opinion from your solicitor and counsel to get a grip on this now.
Click to expand...
They can object to planning if the want to we don' know the full facts ,Years Ago when I was house/site hunting I found a site which seamed perfect but on checking with the people living in the nearest house to the site which also had a high hedge they already knew I was buying it and seeing I asked they pointed out they would be objecting to planning and why I did not buy several other people spent lots of money getting plans drawn up only to see Co Council give planning and being turned down on appeal to An Bord Pleanala ,There is no house on this site to this day it was in a farming area,
 
I'd follow the advice and get planning for the site. You'll need plans, but some for a suitably generic house would suffice.

There's a common misconception around planning that it's granted or refused on whether or not there are "objections". This simply isn't the case: permission is granted if it meets the planning objectives of the local authority. These are a combination of standard rules (e.g. you need a certain plot ratio) which apply everywhere, and the development plan for the authority which sets out permissable developments for a particular area (e.g. you can't build a factory in areas zoned for residential etc.). Anyone may make an observation on a planning application, but all that does is alert the planning authority that there may be a planning issue. Saying "I don't want X beside me" or "X will ruin my view" has no impact on whether something is granted permission or not. Note however, there are rules about overlooking and blocking out light etc., which will have an impact on the decision.

So, I'd recommend:

- talk to the planning office in the local authority to see if it is likely be granted: this will be an informal meeting that costs nothing but if there is some planning issue that would prevent permission, they will tell you about it which could save you spending more on something that isn't going to work
- assuming that's positive, find someone to put together an application, using some set of generic plans (no need to pay someone for preparing something site specific)
- get planning permission

Assuming it's granted, you are then selling a site with permission. Even if the purchaser doesn't want to build exactly what there is permission for, they can apply again with a very high degree of confidence it will also be granted.
 
Getting planning permission is a good idea. Have an architect draw up the plans. The architect will have a good idea what type of building can get through the planning process. Let the others object if they so wish but that doesnt mean the objection will be entertained.
Also keep a record of any harassment, interference you are getting as it may be regarded as an offence under the Non Fatal Offences Act.
 
Apply for outline planning permission, don't go to the expense of having plans drawn up. A successful outline application will establish the principle of development on the site and in turn will determine the house type considered appropriate etc.
Whilst the outline permission can be appealed, the Permission Consequent or Approval cannot be appealed.
 
Our solicitor has written to them to say that there will be an injunction placed on them if they interfere with any other land sales in the future. The site is a write off now so we’ll forget about it. Nobody will buy it with the hassle. Otherwise any other legal action is too costly. We have had to ask them to stop slandering us around the neighbourhood also. Think we’ll move away. Probably the best option. It’s been hell really
 
Hi Peppa,
regarding the idea of moving away - very wise in my opinion. Life is just too short.

Good luck.
 
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