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Buying a house - right of way mare

34 replies

Boredoffootballnow · 23/06/2010 11:27

Offer accepted on house. Leaving London for the country. Big move etc. Turns out drive not included. Annoying we thought, maybe we'll haggle over price. It's alright they say, right of way is on deeds so you can still park etc.

Our solicitor says. No it isn't. Sure enough right of way isn't on the deeds. House is two cottages knocked together and right of way was on old deeds for one house, not the new deed for combined house. No parking without access over drive. Windy country lane, no room for parking elsewhere at all.

This is dream house, DH is devastated and sellers and estate agent are just ignoring us and saying don't worry about it. Our solicitor says we are utterly mad to buy without them reapplying for right of way and then securing it before completion. If it's all fine and not a worry he says, then it'll take them a couple of weeks to get it into the new deeds, they pay if there's a charge and you pay for house secure in knowledge it's value won't be affected by lack of right of way. If they won't, our sol says, means it's likely not to be easy, or expensive to resecure right of way.

Am I just an untrusting Londoner who wants is dotted and t's crossed as estate agents and sellers' solicitor is saying? They've lived in house for 25 years and never had any problems. But our solicitor says no right of way on deeds means no right of way and plenty of recent case law to show these cases are challenged and can be lost. He says if they won't renew it with land owner to get it on deeds we need to abort buying process?

Please someone help - driving me insane. What would you do?

OP posts:
DarrellRivers · 23/06/2010 16:30

You have made the right decision
My father has always said, and I agree with him now, that you never ever want to have any worries/disputes etc related to rights of ways/drives etc
The sellers are mad, I would never buy a house without this sorted out
This was not the right house, you will find a better one

Meita · 23/06/2010 16:53

Boredoffootballnow, making you feel like a dense Londoner who just doesn't get how things are done locally is exactly what they are trying to do. Don't fall for it. It's the only way they can get you to buy.

We had our hearts set on a house but we only really could afford it if planning permission for some important alterations would come through. We were in the process of talking to the planning authorities and had already shelled out lots for solicitor and surveys when the vendor said he wanted to sell now or he'd put it back on the market. We wrote a letter directly to the vendor explaining that we could only afford to buy without knowing about the planning issues if the price were much lower (250k instead of 280k) so we would be happy to complete immediately at the lower price, but at the higher price we'd have to wait until we knew more. The vendor decided to put it back on the market.
Thing is, all through the process the EA was always telling us "don't worry you'll get planning permission" but the planning authorities were actually saying "probably not". Don't trust the EA.

We found another house very quickly and moved in soon - I think we had a lucky escape.

I agree with what someone else said... if there is such a major issue with the place, it is NOT your dream home.

Boredoffootballnow · 23/06/2010 17:18

Oh god I so need you all saying this stuff.

Thank you - from the bottom of my house buying heart.

OP posts:
Ineedmorechocolatenow · 23/06/2010 19:48

Let us know what happens.... curious to know how they're going to react.

hellymelly · 23/06/2010 20:49

Also maybe you aren't moving to quite as much of a shopping desert as we have.Even my small dd who turned three a few weeks after we moved,spent months wailing "I want to go to Selfridges".She missed the beauty hall as the women all made a huge fuss of her,and the confectionary bit...
There are other joys here though,beaches beaches beaches,dolphins,seals, the cottge garden and chickens !

stillbumbling · 13/08/2010 21:24

Just in case anyone checks in, they finally caved and are seeking a formal right of way, or an Easement as it's called in techno speak. Three months on and no movement, schools turned into a nightmare now, don't know if I can keep the one place at good school I got. Three months, blardy hell. Unlikely to be sorted bfore another three is up. Moving at xmas, hooray ...

Paabridge22 · 19/10/2018 11:22

You could set up an insurance to cover yourself for future - it is very very commonly done, Howeveer note that it could be a problem to contact the vendors. If they do not know about the fact that the cottage has no access, any insurance your property has in place to cover future legal issues relating to the access will be null and void.

Paabridge22 · 19/10/2018 11:28

You could set up an insurance to cover yourself for future issues with no right of way - it is very very commonly done., However note that it could be a problem to contact the owners of the right of way directly. If they do not know about the fact that the cottage has no access, any insurance your property has in place already, to cover future legal issues relating to the access, will be null and void. ~Seems ridiculous but the fact is that indemnity insurances only seem to be valid providing the owner of the right of way does not know about the issue/insurance. Never contact the owner of r of way direct. You could be causing huge issues for the owner of the house if youpull out - they will then have no access for themselves. unlimited access provable over a period of 20 years gives you the access anyway - so check previous paperwork first.

Lonecatwithkitten · 19/10/2018 14:32

ZOOMBIE - I suspect the Op has either resolved the right of way or bought another house in the last eight years.

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