The short answer is yes, you are able to sell your home whilst there is an ongoing boundary dispute. There is however a legal requirement to disclose that boundary dispute when selling your house.
Your conveyancing solicitor will require you to disclose various details about your home during the sale process. In particular, you will be asked to complete a Property Information Form (Form TA6) which deals specifically with boundaries and disputes and complaints regarding your property. What constitutes a dispute is open for interpretation but disagreements over land ownership and boundary locations would most likely fall into this category.
Failure to disclose a boundary dispute
There may be a temptation for sellers to provide wrong or incomplete information so as not to deter potential buyers. But failing to declare a boundary dispute could have serious consequences. Form TA6 explains:
"If you give incorrect or incomplete information to the buyer (on this form or otherwise in writing or in conversation, whether through your estate agent or solicitor or directly to the buyer), the buyer may make a claim for compensation from you or refuse to complete the purchase."
If the purchase has already completed, the buyer may still make a claim against you for misrepresentation and/ or breach of contract. The remedies available to the buyer will vary depending on a number of factors but may include cancellation of the sale contract (otherwise known in law as rescission) or damages. You may also be liable to pay the buyer’s legal fees if their claim is successful.
Resolving boundary disputes
Sellers would be wise to try and resolve boundary disputes amicably before selling their property. If you are unable to resolve the matter directly with your neighbour then you may wish to speak to our boundary experts to discuss your legal options. Call us on 0161 696 6178 or complete our online enquiry form and a member of the team will contact you directly.
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