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Maybe Only Scots Need Apply?

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  • Maybe Only Scots Need Apply?

    A neighbour has spread some waste contaminated ditch cleaning material on my land.I told his contractor not to do this but I was ignored. I put a few tons of the material on to his access track and he applied to the court to prevent me blocking his track.£1600 billhas come to me. Neighbour has now agreed to take away the few remaining hundreds of tons.Not an isolated incident but culmination of trouble of some sort from this neighbour over many years .I contend that the court record of this incident dictates that if I try to sell my property I shall have to declare existence of troublesome neighbour.His solicitor says-No. There is no law in Scotland that says I must declare this situation. But a buyer from outside Scotland would expect the honest answer to questions about neighbours so an interpretation might suggest that my market is now limited to dealing only with Scots.

    Do I have good ground to sue my neighbour?

    Should I wait for the Sellers Pack to become law in Scotland in a few years time before I can sue him?

    Is there a good solicitor out there who can do this work on a "no win-no fee basis

    Property value before court case estimated over£350,000 so how will this incident have altered the value?

  • #2
    Hi Bogbain,

    welcome to the forum!

    sorry to hear you are having problems with your neigbour, Did you contact any one over the waste dumping? like the environment agency?

    what kind of other problems do you have with your neighbour?

    it would help us to know then we can hopefully give you the right kind of advice!

    we ask a lot of questions here, it just helps us get the full picture, as I am sure you will understand different situations need different advice, we are getting quite good at most situations now.

    please post again soon



    • #3
      Hi bogbain and welcome to the Forum

      You mentioned that these incidents of your neighbour and you each dumping material on each others land are not isolated incdents. Like Beth says, it would help us to know what other types of incidents have happened.

      (The) few remaining hundreds of tons[/b]
      of stuff that your neighbour is removing: is that the material that you dumped or they?

      I'm afraid that I know nothing about the laws in Scotland. In England, however, if there is a dispute between neighbours and official complaints have been made, this should be declared. Other members may be able to offer more advice/ suggestions on this.

      I don't know about any loss of value to your home either. I suppose the only way you could establish this would be to get some valuations from Estate Agents.

      What are you actually wanting to sue your neighbour for? If you're looking for a Solicitor, then I would suggest you check out and search the directory for a firm near you. You can ask about "no win- no fee", but I doubt they would do this for a neighbour dispute.

      Sorry can't be of any more help, but come back often to see what other members have posted.


      • #4

        You see I'm not so sure about this one.

        There is no law in Scotland that says I must declare this situation. But a buyer from outside Scotland would expect the honest answer to questions about neighbours so an interpretation might suggest that my market is now limited to dealing only with Scots.[/b]

        If you are living in Scotland then your home and legal responsibilities come under Scottish law and if someone from either here in England, Wales or Outer Mongolia for that matter wanted to purchase your home / property then they would automatically come under the Scottish law for this.

        It's like me committing a crime in Scotland I would have to appear in a Scottish Court of law, so, I think I am right here in saying that your law doesn't force you to reveal that you have had problems - yet !

        I think Horsefan's who lives in Scotland is your man for this. However I am fairly confident that your jurisdiction is Scottish law only, regardless of where your buyers come from.


        • #5
          Thanks to all for such a warm welcome and I am sorry for the delay.I am an old timer and I gather I pressed a wrong button after midnight and lost the plot.

          No Beth .I have not bothered our environment folk.-yet.

          I have been moved by the news,21-11-02" Neighbours Sue", where the report suggested that the presence of trouble from next door wrote £60,000 off the value of a house property. I wonder how that issue is making progress?.

          Hope folks do not find me too retiscent when I do not log previous incidents but I feel I need to keep that powder dry for court. Most important fact in front of is that in this instance we have physical evidence of agrivation on a grand scale and it is recorded on film and his solicitor has told him that he was in the wrong.

          But .Yes Beth . SEPA are up my sleeve,so to speak.

          Hollygolightly asks about quantity and ownership of contaminated waste.

          Neighbour excavated and dumped around 350 tons on to my land.I guess I gathered up around 15 tons and placed it on his track. Neighbour carted this away but did nothing more so I placed another 15 tons of his muck on to his track again and I was summoned to court where I landed with £1600 costs.

          Trouble started when ditch was cleaned in January .Now I understand new contractor comes tomorrow to try and clean up.

          "What do I want to sue my neighbour for ."Asks Holly'

          I suppose,loss of value to my property because few people would want to live beside someone who chucks something like weeds from his rose bed on to my lawn.

          The point in mentioning estimate of property value was so that a no win -no fee Solicitor could see the potential percentage cut he or she stands to gain with success. Taking the 21-11-02 case as a yard stick,25% of a £60,000 claim should hold some modicum of appeal for some Solicitor. I would hope!.

          The greatest benifit of such a Solicitor is the worry heaped on the "other side".

          Means someone does believe that I have a very strong case with serious chance of success.Settlement more liable to come sooner than later without court brawl.

          No arguement with logic from Scooby. We must indeed live by the law of Scotland up here. But what if fellow from Outer Mongolia arrives to look at house and he is riding on a Yak,with wife on pillion and asks me what my neighbour is like?.

          I must not make misrepresentation because his pillion rider could corroberate our statements in court if we should all land there in due course.

          He stays overnight in local Inn and learns all about the mucky business over a Malt.

          Couple on Yak take fright and settle for quiet spot in Slough.

          I have lost a potential buyer. I have suffered a loss of potential market. I end up going to local Inn every night. I can only sell to silly folk who fail to ask difficult questions. People can be put off my property if there is a suggestion of a threat that neighbour might throw stones and other waste where retired Yak would be grazing.

          Perhaps the key word in all this issue comes at the end of the penultimate paragraph from Scooby and it is not Yak ,but --"yet"! I asked earlier if I have to wait for the Sellers Pack to kick in up in Scotland and I now suppose from the many comments recorded here it all suggests that I do not have to wait.

          I only have to go to court and plead that a few intelligent questions aimed at me by Yak dealers or the like takes a great bit of the foundation away from the value of my old house.

          Perhaps Solicitor was wrong to some degree when he alleged "there is no requirement in Scots law for the owner of a property which he or she intends to put up for sale to disclose any longstanding problems with neighbours".

          If a potential home buyer asks me if I have good neighbours then I would be making a very serious misrepresentation in my reply if I failed to tell the truth.

          If I was selling a car and potential buyer asks if it was ever in a serious accident,then I must not misrepresent the facts if I know that there is a record of this fact. There is a public record of the muck incident because neighbour hauled me to court.

          In the light of this additional information I would be very obliged if another look can be taken at the original four questions. I sincerly hope this case is one of interest and I sure hope I press the right button tonight,takes me hours to do this.

          Kind regards and thanks to all for their help so far. Bogbain


          • #6
            This discussion on what the seller chooses to disclose or not is something that was discussed on this forum some time ago. I'll be honest I don't know where it is or who started it. But, the general concensus was one of that if you worded these documents carefully - and you can use a multitude of words to convey different meanings - then that was what was suggested to one enquirer who was in the process of completing this sellers info book. However ...

            There is a public record of the muck incident because neighbour hauled me to court.[/b]

            The public record would show up in a search made by your potential purchasers solicitor and this could affect your sale. Solicitors and conveyancers carry out detailed searches through local authority and Land Registry records which can and does reveal dammning information about a property such as a bypass soon to be constructed for instance.

            Although I have some legal knowledge it is primarily aimed at the criminal side and conveyancing is not my speciality for advice. I would be tempted to have a chat with your solicitor and ask them exactly what you have to reveal and what you don't. If you are selling your home they will want your business transaction so they will be more than happy to offer you this information as you are paying them to carry out the sale for you.

            You don't want to be in the position of being sued after you have sold the property for misleading information. I hope that helps.


            • #7
              Sorry I forgot to add that for solicitors you could contact the Law Society, on 0207 242 1222, their address is 113 Chancery Lane, London WC2A 1PL.

              They will give you a detailed list for the solicitors that operate in your area and whether they offer no win no fee and what sector of the law they operate in.


              • #8
                Originally posted by Scooby@Jul 2 2003, 10:01 PM

                Sorry I forgot to add that for solicitors you could contact the Law Society, on 0207 242 1222, their address is 113 Chancery Lane, London WC2A 1PL.
                Bogbain, you might find the Law Society of Scotland relevant: link to LSS
                "Poor Tom shall lead thee" (King Lear)


                • #9
                  Hello again, and thanks again.

                  As I said earlier I am new to this culture and it is hard for me to find my way around the scheme of things. Can someone please tell me whatever happened to the folks in the Neighbours Sue article 21-11-02? No doubt there is something to click on to somewhere but I am at a loss.

                  Regards Bogbain


                  • #10
                    Thanks for that Poor Tom, Scottish Law and their relevant offices are not my speciality as you can probably tell.

                    Perhaps I should have left this one to you.


                    • #11

                      Hellow everyone!.

                      Things have not improved with my situation and I wonder if anybody can steer me in the direction of any reports of success where a NFH has been taken to court for lowering the market value of a property.

                      So far I have only come accross cases of intended court action.


                      • #12
                        Hi Bogbain,,,sorry I am coming in to this a little late! Nice to see you, btw

                        Re: solicitors in Scotland


                        and for a good trawl through on what the Scottish Executive is up to/thinking:


                        and, on Scottish law, a look at


                        Help, or not, who knows,but worth a look?

                        Regards and good luck



                        • #13
                          Hi bobagain,

                          I recall a couple of cases in England where people have successfully brought a case because NFH have lowered their property price. But I think they sued the previous owner for non disclosure of problems.

                          Unfortunately I can't remember the details but hopefully other members will.

                          Good luck

                          "Almost anything you do will seem insignificant, but it is very important that you do it. You must be the change that you wish to see in the world." Gandhi


                          • #14
                            Hi Bogbain

                            The only ting I can suggest, is if you look through the Did You See? folder to see if there's any useful information in there for you.

                            I agree with Misty, I think most cases have been where people have sued vendors for non-disclosure on the SPIF about neighbour problems.


                            • #15
                              Hello everyone! Just thought I should take the time to wish you all the complements of the season because you have all been of such great help to me.

                              When I contacted you back in June ,I was under a lot of hassle from a neighbour and a bill from his lawyer. By recording the details of the case to an impartial audiance the response got me thinking straight. I simply sent a print out of the position to the other side and the lawyers bill died.

                              Perhaps this is a simple solution for many people who have a neighbour from hell but cannot get the other side to see reason. Simply log the complaint with NFH,wait for public opinion to be expressed and confront the other side with the findings. At any rate I have not paid the £1600 bill and if I hear more about it then so shall you.

                              Merry Christmas and a Happy New Year to all