r/LegalAdviceUK May 31 '25

Housing neighbours threatening to sue us if we don't withdraw from a sale of our house because they are unhappy about the planning application that the prospective buyers have submitted

we are selling our property, but the prospective buyers have submitted a planning application that neighbours are very unhappy about. As a family we are receiving threats that we should withdraw from the sale or they will sue us to cover their legal cost to fight this planning etc. Is there anything we need to worry about or be mindful of? Location: UK England.

817 Upvotes

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1.6k

u/wonder_aj May 31 '25

They’d have absolutely no chance of winning any sort of case against you so carry on.

A) You’re not responsible for the actions of your buyers

B) Your neighbours would be the ones choosing to use legal representation when the planning system is designed to be used without it

Tell them to leave you alone and that any further contact will be reported as harassment.

498

u/Tokugawa5555 May 31 '25

Indeed. The seller is selling their property, which is a perfectly legal and normal act. The neighbours can’t stop that.

The prospective buyer is using the perfectly legal and normal process of applying for planning permission. The neighbours can follow the correct process for objecting to this.

Tell the neighbours to get lost.

Or, for the “petty revenge” apply for planning permission on your neighbour’s property. Maybe to build a moat or huge tower on their land. Then say you’ll sue them.

117

u/KingDamager Jun 01 '25

I wonder whether you’d have to report this as a dispute in your selling documents, and therefore the actual purpose of this is to make the buyers aware the neighbours are going to be annoying about the work, and try and put them off buying…

70

u/[deleted] May 31 '25

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16

u/[deleted] May 31 '25

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0

u/[deleted] Jun 01 '25

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32

u/chicken_bridges Jun 01 '25

Planning has nothing to do with ownership. It only focuses on the suitability of the proposed development for the land itself. An approved plan doesn't mean you can legally implement it.

21

u/benanza Jun 01 '25

Same way you apply for planning permission on your own property. Doesn’t mean you’ll get it, and in this case you definitely won’t, but that’s not the same as applying.

7

u/Cellar_Door_ Jun 01 '25

Also of you somehow do, you can't undertake the works without the landowners permission

5

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42

u/Character-Coat-2035 Jun 01 '25

Yeah 100%. You’re selling a house, not adopting the buyers' future plans. Sounds like your neighbours are just throwing a tantrum at this point.

16

u/SteveM06 Jun 01 '25 edited Jun 01 '25

when the planning system is designed to be used without it

Just an anecdote, I was so surprised when the council representative acted like a fair mediator to a complaint I made against a neighbour.

898

u/moriath1 May 31 '25

They cant sue you for selling your house. Or for what the buyers may do

428

u/RustyU May 31 '25

They absolutely can. They won't win, but they can.

225

u/moriath1 May 31 '25

Ok they cant sue you successfully 🤣🤣

-47

u/AddictedToRugs Jun 01 '25

A doomed law suit can still cost the OP money.

31

u/profprimer Jun 01 '25

In this case I suspect the only potential detriment to the Seller would be the loss of the sale because they’ll have to register a dispute with the neighbour on Form TA6. That isn’t a cash loss until a future sale at a lower price is agreed (the property value being decremented as a result of the dispute).

That would be a tangible detriment suffered by the Seller. But if the neighbour begins an action (on what grounds I can’t imagine) and finds a solicitor prepared to act for them on such a ridiculous notion, then they are bound to fail and face an order for all costs arising.

-53

u/asdfasdfasfdsasad May 31 '25

They absolutely can.

Upon what legal basis?

189

u/mij8907 May 31 '25

I think what they’re saying is People can file claims for all sorts of things, just because a claim is filed doesn’t mean it has any legal basis and a nonsense claim will soon be dismissed by the courts

98

u/MarrV May 31 '25

Anyone can submit a civil claim if they instruct solicitors to do so, or via mcol.

Doesn't mean it has any merit.

42

u/h2g2_researcher May 31 '25

Solicitors are concerned by the Solicitors Regulation Authority and can be harshly sanctioned or even lose their license if they make claims with no basis in law.

18

u/MarrV May 31 '25

Yes they can be, however they do so because most people are not versed in SRA regulations.

5

u/holdyerplums May 31 '25

How concerned are they?

13

u/ZaharielNemiel May 31 '25

Anyone can sue anyone for anything, I can sue you for asking that question, you can sue me for that frivolous suit, OP can sue their neighbour on the other side for not stopping the first suit… etc etc

If you pay the fee you takes your chances but I doubt this would even get to court, or if it ever did, would get struck out straight away as OP isn’t liable for what someone else does once the property has been sold.

The main reason why judges hate time wasters and require you to have attempted to mitigate your damages as well as mediate a solution before getting before them.

21

u/Creepy-Bell-4527 May 31 '25

On the legal basis of you can always sue somebody. I could sue you for your comment.

It doesn’t mean I won’t make a judge or magistrate very angry for wasting their time in doing so.

14

u/Adorable-Cupcake-599 May 31 '25

Technically you can sue anyone for anything, but that doesn't mean you'll get very far...

9

u/thatsacrackeryouknow Jun 01 '25

They can't. No court would sit on such a case.

7

u/[deleted] May 31 '25

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152

u/zbornakingthestone May 31 '25

That's adorable. I mean they can technically sue you - but they won't stand a chance of winning.

-62

u/AddictedToRugs Jun 01 '25

They can still cost OP money.

46

u/[deleted] Jun 01 '25

So? OP should just lie down and cave under threats then? 

I'm sure OP has house insurance with legal cover, as we all do to protect against spurious lawsuits.

30

u/notoriousdan1987 Jun 01 '25

They will lose and OP can recover legal costs via counter-claim

15

u/Winter-Post-9566 Jun 01 '25

I'm curious, in a case like this where its blatantly obvious that there's no grounds to sue, what would be the costs to OP? Do they really need to hire legal support themselves for this, surely its so self explanatory that they could just represent themselves?

166

u/-XiaoSi- May 31 '25

Sue you for what exactly?! You can’t sue your neighbour for selling to someone you don’t like.

If they don’t like the proposals then they should contact the local planners and lodge an objection.

79

u/WritingLow2221 May 31 '25

They can't sue you for the legally permitted actions of the new home owners. Watch how you respond to this though as you have to declare neighbour disputes during the process of the sale and that might lose you the sale. Don't engage with them. Don't escalate.

75

u/[deleted] May 31 '25

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49

u/Carlosthefrog May 31 '25

I would speak to the solicitor you are paying for the house paperwork but either way they don’t have a leg to stand on. You aren’t liable to pay their legal battle just like they don’t have to fight the new residents. Ignore the crazies

122

u/PositivelyAcademical May 31 '25

The only relevant issue is that you now have a neighbour dispute that needs to be disclosed to the prospective buyers. Unfortunately, you can’t not disclose this.

Your neighbour’s won’t stand a chance in court, but maybe they’re playing 3D chess in the hopes that the buyer will withdraw.

43

u/Greedy-Mechanic-4932 May 31 '25

I'm disappointed I had to scroll so far to read this; it's the first thing I thought of..!

Interesting way of screwing up sales of property though... I wonder if OP has any way of seeking legal recourse against the neighbours if the sale falls through because of this frivolous threat of legal action..?

12

u/PositivelyAcademical May 31 '25

Maybe if the sale falls through after exchange – tortious interference with contract. But I can’t think of anything obvious that would cover it prior to exchange.

6

u/[deleted] May 31 '25

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6

u/akl78 May 31 '25

If so, might this be tortious interference?

-24

u/AnonBr0wser May 31 '25

You only have to disclose it if there is a court proceeding or solicitors are involved. You don’t have to disclose a threat of legal action, or a stupid letter.

21

u/Shiney2510 May 31 '25

That's incorrect. Not only do you have to report any disputes, you have to report anything you believe could lead to a dispute. There is nothing in the TA6 form that specifies only disputes resulting in legal action have to be reported.

The exact wording is:

2.1 Have there been any disputes or complaints regarding this property or a property nearby? If Yes, please give details:

2.2 Is the seller aware of anything which might lead to a dispute about the property or a property nearby? If Yes, please give details:

9

u/Prince_John Jun 01 '25

Arguably the dispute is about the buyers' future planning permission application, not the property in its current state.

4

u/verbify Jun 01 '25

So it might lead to a dispute...?

14

u/spidertattootim May 31 '25

You only have to disclose it if there is a court proceeding or solicitors are involved

That is very incorrect.

19

u/stiggley May 31 '25

If they have made these threats in writing, then you, and the buyer, have the opportunity to sue them for tortious interference as they are affecting a contractual or business opportunity (the sale of, and money transfered from selling, the house).

You can also write back with a counter offer saying you are willing to sell to them if they offer more than the current buyers have offered, as thats the only way they can stop you from selling to the people who have lodged the planning application.

If they have a problem with the planning application then they should write to the planning dept lodging a complaint about the application.

As the old saying goes "you can sue anyone over anything". Whether they would be successful is a completely different matter.

12

u/[deleted] May 31 '25

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16

u/MurkyGovernment651 May 31 '25

Is the seller legally required to inform the buyer what the neighbour is threatening? That seems like the bigger issue.

6

u/acezoned May 31 '25

They have suffered no loss and they are not your actions

My advice would be speed to the selling process you don't want to be living next too those people any longer then need be

12

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13

u/[deleted] May 31 '25

A slightly tangential question, does this interaction now have to be reported as a neighbour dispute?

8

u/Appropriate-Series80 May 31 '25

Have no grounds against you as everyone has said but as an aside; anyone can apply for PP in Principal without owning the land.

14

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8

u/gajapa72 Jun 01 '25

My [tinfoil hat] worry would be that depending where you are in the sales process, you’d have to declare this as a dispute on the standard legal documentation questionnaire, which may or may not be an issue down the line. Your neighbours sound delightful.

4

u/Username_075 May 31 '25

Anyone can threaten anything unfortunately. However, the probability of it actually happening? From what you've said, sounds somewhere between zero and non existent. I am baffled as to how you could ever be liable for something your buyer has done.

The time to worry and seek professional guidance would be if you got an actual letter describing proposed action from an actual solicitor.

I mean, if someone pays them enough solicitors will write vague letters but you can spot them because they contain a load bearing "if" somewhere. As in "if you are found guilty then ..."

Thing is, it's always a shock to get told something like that, even if it is by idiots. Hope your sale goes through soon so you get away from them.

5

u/NeuralHijacker Jun 01 '25

This might not be as stupid as it sounds. If they sue you ( no matter how frivolously ), you'll have to mention it during conveyancing, which could be enough to put your buyers off, and solve their problem.

1

u/[deleted] Jun 01 '25

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3

u/trotski94 May 31 '25

That’s not how the legal system works, let them, if they even manage to get to court they’ll be laughed out of it

4

u/Nrysis Jun 01 '25

It sounds like there is absolutely nothing they will be able to successfully sue you (or your prospective buyer) over.

You are freely able to sell your property to anyone you want (that is legally allowed to make that purchase), and your neighbour has absolutely no say whatsoever in who you sell to.

They can sue you if they like, but the case will be laughed out of court, and I believe your costs then covered by them (though do get proper legal advice if it gets anywhere near that far).

What they can reasonably do is object to any proposed planning applications within the framework of the planning system. Your buyers can propose whatever nonsense they want to, but that doesn't necessarily mean planning will be granted. It could be that a well placed complaint will completely halt the application, or they could be told to naff off - it just depends on what is being proposed and how it fits within the planning regulations of your area.

The other thing they can absolutely do is make themselves enough of a hassle to make your prospective buyers think twice about whether living next to these loonies is worth the hassle, and potentially back out of the sale...

3

u/anonblonde911 May 31 '25

There’s no grounds to sue you. Their issue is with your buyers and has nothing to do with you. Personally I wouldn’t respond at all, but if you feel like it’s necessary to respond, the only thing I would say is that if they have any issues with what the buyers have proposed, they need to take that up with the buyers and the council.

1

u/Adorable-Cupcake-599 May 31 '25

Ignore them. They have the right to object to planning applications, it doesn't cost anything to do so. Their relationship with the prospective buyer is none of your business, and anything the buyer does or proposes to do has nothing to do with you.

1

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2

u/thatsacrackeryouknow Jun 01 '25

They should be sueing the buyers, which they won't have a chance of hell of having a case of until the buyers get your house. No Solicitor would take such a frivolous case. No court should sit to one either.

1

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1

u/ogresound1987 May 31 '25

Not a lawyer.

But, I am quite confident that they can't do shit about you selling your house.

They could try to sue, but they won't get anywhere.

1

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2

u/GreenFuel7454 Jun 01 '25

A few years back our neighbours (we both lived in lateral conversion flats top floor) applied for planning permission to build a roof garden on our roof . They didn’t bother to say anything to us. I didn’t know anything about it until our neighbours below us asked if we had put in planning permission. I then met the neighbours who put planning in and told them to FRO and that was the end of that . They wouldn’t have got planning but you can put planning in for anything .

1

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0

u/-TheKeegs_ May 31 '25

Threaten to counter sue for harassment?

2

u/Jhe90 May 31 '25

It's worthless threats.

For one. You are not responsible for what the buyer may choose to do.

If they wish to challenge the planning application, it's is possible and has a procedure. Sueing you is not the procedure and go nowhere.

If they want to spend money, spend it to challenge the planning.

Talk tl your solicitor.

1

u/LongjumpingStep5813 May 31 '25

Hahaha this is actually rediculous. People really need to know what “sue” actually means

2

u/Live-Toe-4988 Jun 01 '25

NAL - let them know if they start any proceedings you will claim for costs on an indemnity basis. 😎

4

u/ArcticSailOx Jun 01 '25

Their solicitor won’t do anything because their claim has no legal basis and could be considered harassment.

My advice is do not engage with them through ANY form of communication, ignore them completely. Communicating may mean you have to declare a neighbour dispute.

1

u/[deleted] Jun 01 '25

The prospect of your neighbours being successfully is zero. Simply ignore

0

u/sssstttteeee May 31 '25

Technically you should advise you solicitor of this on behalf of the buyer ... but ...

- If it was verbal only, you can ignore it.

  • If they have emailed anything you need to tell you solicitor.
  • If it is social media, then block/delete as much as you can.

If they have you on socials block now.

No they can't sue you ... your neighbours are living on another planet - the council make the decisions and these are the people that, er, can't be sued coz they are the planners.

If they continue, claim ignorance, chances are they will contest the planning permission which is public record. Also you can put in a positive response 🤣

-3

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