Can You Sell a House with a Boundary Dispute?
The quick answer is yes, you can sell a house with a boundary dispute, but it is a little more complicated when compared to any other type of property dispute. Disputes tend to arise from disagreements with neighbours over where their property ends and yours begins, creating a legal grey area.
Any property with a problem, no matter how small, is likely to affect the house value as it makes your home less attractive to potential buyers. The additional risks associated with the dispute, and possible future legal costs that will need to be spent to resolve it will make buyers think twice before making an offer or purchasing your house. Especially if there are other homes house close by on the market without any ongoing disputes.
So, whilst you can sell your house fast with a boundary dispute, the time it takes you to attract a buyer is likely to be longer, and the price offered is likely to be lower than if trying to sell a home without such a dispute.
What can you do? Let’s start by looking at how the disputes arise, the best approaches to resolution, how to improve your chances of selling your property and how to sell your property quickly if no resolution is found.
Understanding boundary disputes
Usually, there is no official record of the exact boundary between properties and no detail as to who owns the hedges, walls, or fences. A boundary dispute can occur for several reasons. Examples include, when neighbours claim ownership over the same piece of land, disagree about where a boundary lies, the positioning of fences, rights of way, the positioning or overhanging of house extensions, the location of pipes and drains, or when plants, trees, or hedges from your neighbour’s garden grow over into your space.
It is worth checking your title plan and title deeds to get a better idea of where the boundaries are. But you should know that the title deeds rarely identify precise legal boundaries, and the title plans show only the general position of registered land and are therefore not exact.
Is there a time limit on boundary disputes?
Boundary disputes in the UK do not have a fixed time limit to be resolved, so they can go on and on. However, if the issue hasn’t been addressed for a long time, it could lead to a legal situation known as adverse possession. This is where someone could claim they own a piece of your land because they’ve been using it without any problems for a set period. This is usually at least 10 or 12 years. It is advisable to find a solution to your boundary dispute as soon as possible.
How to resolve boundary disputes
The first step you should take is to speak to your neighbour and see if you can find a friendly and agreeable way to resolve your differences. If this fails, you will be pleased to know that there are other steps to try that can help you avoid the stress and cost of going to court.
Mediation: Mediation brings you and your neighbour together with an impartial third party (mediator) to help you find a practical way to solve the problem. It’s informal and flexible, and if no agreement is found and you decide to go down a more formal legal route, your position is not compromised.
A binding evaluation by an expert: If you go down this path, you and your neighbour will agree to accept the final decision of an independent expert like a surveyor or a lawyer. The expert will express their view and decide on the boundary. The decision will be binding. Once the expert says, “This is where the line is,” That is it, there is no ability to challenge it.
A non-binding “early neutral” evaluation: If you’re not ready to enter into the binding evaluation then it’s worth exploring a non-binding evaluation. This is where an expert gives you their opinion on how the dispute might work out if you went to court. But unlike the binding evaluation, this isn’t a final decision.
Legal proceedings: If all else fails, your last option is to start legal proceedings and go to court. Be aware the court is likely to set a budget which limits the fees you can recover from your neighbour even if you are successful. This whole process is likely to be time-consuming, and expensive, and you may not win, which is why this really should only be done as a last resort.
Preparing your home for sale despite a boundary dispute
Obviously, the best way to prepare your home for sale is to find a resolution before putting your property on the market. However, even with a dispute, there are ways to make your property appealing. Ensuring that your home looks great and is in good condition will definitely help attract buyers.
You mustn’t try to hide the fact you are in dispute with your neighbours as a boundary dispute is considered a ‘material fact’, and failing to disclose it could be seen as misrepresentation, leading to the new homeowner possibly pursuing legal action against you, even years after the sale. To ensure full compliance, we have created a guide showing everything you need to disclose when selling a house.
The way you’ll need to disclose this information is through a Property Information Form, commonly referred to as a TA6. This form includes specific questions about boundaries and any disagreements or complaints related to your property. Speak to a solicitor if you are unsure what needs to be disclosed as they will be able to advise you on what is considered a dispute and what needs to be disclosed.
Gaffsy’s solution to your boundary disputes when selling
If you need to sell your property quickly and have had buyers pull out, or had them scared away because of an ongoing boundary dispute, Gaffsy can help you sell your unsellable home.
If there is no end in sight to the ongoing disputes that are putting buyers off, causing delays, reducing marketability, prolonging the selling and affecting the offered price call Gaffsy. Our team can expedite the rapid sale you are looking for without any concern of a chain breaking.
We are trusted genuine cash house buyers, we buy your property directly for cash. We bypass the traditional lender’s hurdles and can make you a no-obligation free cash offer for your property. It is fee-free, hassle-free and a guaranteed fast way to sell your home fast and sell your house for free. We buy any property, regardless of the dispute or the condition of the house.
If you’re facing the challenge of a boundary dispute and need to sell your property quickly, Gaffsy is ready to assist. Contact us today.
5 Top questions answered when selling a house with boundary disputes
1. Can a house be sold with an active boundary dispute?
Yes, you can sell your home with an active boundary dispute. Transparency is key; full disclosure of the ongoing dispute to prospective buyers is a legal necessity. It ensures the sale proceeds with integrity and prevents potential legal complications post-sale.
2. What are the implications of not resolving a boundary dispute before selling?
Not resolving a boundary dispute before the sale can complicate matters. It may put buyers off, and potentially diminish the property’s market value. It is likely to prolong the selling process because buyers will be worried about risks and future legal costs.
3. How does a boundary dispute affect the property’s value?
Boundary disputes can negatively impact the value of your property. First of all, the pool of buyers will be smaller, as some will view it as a problem property and not even view it. Other buyers will often view such disputes as problematic, possibly leading to a reduction in offers for your home as it loses market appeal.
4. What steps should I take to resolve a boundary dispute?
To resolve a boundary dispute, you should start with a friendly conversation with your neighbour. If that doesn’t solve the problem the next best course of action would be to go to mediation with an impartial third party. Or consider binding or non-binding evaluations with a boundary dispute expert. If these measures fail then legal action may be the final recourse.
5. How can Gaffsy help me sell my house with a boundary dispute fast?
Gaffsy’s cash buying service helps by offering to buy the property directly, regardless of the dispute. This removes the need for conventional financing and sidesteps the typical delays associated with selling a problem property. This means a faster sale process, no fees, and your legal costs paid for. Get your no-obligation free cash offer today.
