[Caroline1]

The short story is I have a semi detached bungalow and my 3.5 acres wraps around next doors property and their 1/3 acre garden.

We tried to buy next door but the owner wanted more than our price range or what we think it is worth. Just found out it has been bought by a builder who has told us he is going to do it up and sell it.

The issue is we have had a structural survey done on the adjoining wall and next door has subsidence that is pulling on our property and the cracks are growing. I realise my hands are probably tied but I had been hoping that someone would fix it properly and live in it rather than someone hoping to make a quick profit.

Any thoughts on if there is anything I can do to make sure they resolve the issue rather than make it worse? 

[Dan]

Speak to a surveyor about the Party Wall Act. If they are doing any work on the party wall they will have to issue you with a notice, and in some cases you will be able to employ a surveyor at their expense to ensure the work is carried out correctly.

[Marches Farmer]

If the builder needs planning permission for anything he plans to do it would be a good opportunity to ensure such problems are addressed as part of the package.

[Kimbo]

Don't trust a stranger Caroline. He's clearly in it for a quick turnover

[Caroline1]

Yeah that's my fear Kimbo.

Never heard of the party wall act, have just printed it off and having a read. If the builder is who I think I have found online he has good reviews about his work and keeping everything  he is not a cowboy

[SallyintNorth]

My understanding is that it is an offence under English law to conceal any pertinent fact about a property one is selling.  This applies to both the vendor and any agent. 

Therefore, if the builder is made aware of the issue, he's going to have to get it sorted or disclose it when he comes to sell.

However, I am very much a lay person, so hopefully one of our solicitors might drop by and comment!  [member=26617]Kitchen Cottage[/member] ?  You around?

[nutterly_uts]

I think if I was in this situation I would be trying my hardest to secure a mortgage or money to buy this, regardless of how much overpriced I thought it was, just to have that security. You could then sell on or rent and be in control of the tenants.

[doganjo]

And the rent might well go a long way to covering the mortgage.

[Caroline1]

Yeah I did a lot of calculations spoke to mortgage advisor etc but we have only been here for 9 months so still recovering from our move and setting up of the small holding. We had a structural engineer do a survey of the adjoining wall and he said property wasn't mortgagable which I agree is likely true, so our options were limited 

If the builder makes it mortgagable we could then get finance to buy it to have control over neighbours but would be a financial risk. Just need to wait it out and see what happens I suppose.

[adrian007]

For the purposes of this conversation I will recall my previous life. Afetr this, please go back to treating me like a smallholder type person.

Anyway, for 20 years or so I was a mortgage adviser. In an estate agency.

I'm pretty certain the builder will know it has a movement issue.

His intention will be either to fix it (good guy) or conceal it (bad guy).

Anyway - step one, is to ascertain if he is a good guy or a bad guy. Make friends with him and make your judgement.

That is, treat him like a new neighbour, welcome him etc and get an idea. Innocent until proven guilty and all that. The chances are, he's a good guy, most of them are. You don't hear about good guys, there's nothing exciting about them.

Next question - are you claiming on your buildings insurance or can you, or do you have legal cover on your insurance and can get some legal advice (on the party wall act).

Or - seeing as you know the guy is moving on - say 'are you doing anything about the subsidence - better upsetting him than your upsetting your next neighbour who is going to live there for years.

Good luck ... putting my smallholder uniform back on now.

[Caroline1]

Thanks, yeah hoping good guy  Will check if I have legal cover on the building insurance, just incase I need to use it.

[pgkevet]

I'm quite confused here. If the neighbouring property is damaging yours then there ought to be legal redress over that. Your insurers should know....and would wnat to know.
If someone bought it to repair then you ought to be happy albeit you inform them of the fact (in case they don't know) and point out that you'll have a new survey done when they've finished.
As for mortgages on property with problems..at least when i last looked at that it was possible to get a mortgage loan to include remedial repairs based on the new value of the property then - though it may be loaned in stages.

[pharnorth]

Suggest you talk to a properly qualified Structual Engineer who understands the legal liabilities. You should be able to make an enquiry for free but have to pay for any follow up.  My concern on semi with 'one side subsiding' is whether subsidence would really be considered that segregated in law since while you may own half each it is in effect one building and the ground under each half cannot be too different.  Personally I would get some independent advice before raising a debate because even if his intentions are good he may well feel or have a case for you contributing to the cost of remedy.