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Q&A with Nicole - Neighbour Dispute

We have an issue with a neighbour that has become very confrontational with us about a fencing dispute, we have decided to just sell and move on. Do we have to tell buyers about this?

Legislation has become clearer on this issue in recent years. Whilst you may not be required to disclose such an issue in the contract of sale (seek your solicitors' advice on that one) you will be asked a series of questions by your selling agent when you list your home for sale.

The questions relate to “Material Facts” and it is now legislation that they be answered and recorded. Information that is disclosed in these questions must be relayed to prospective buyers by your agent.

For example; if the home has a surrounding neighbourhood issue or there are known unapproved structures on the property, this information is deemed to be a relevant fact that a buyer should be advised of.

Choosing an agent with good communication skills is essential if you have an issue like the one described.


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