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Original poster

When to admit defeat? Nightmare legal issues

16 replies

MyAngels · 18/11/2011 10:08

Hi all

We are hoping to buy 200 year old cottage with garage at bottom of the garden accessed by driving over a bit of land some owned by the council, some owned by a neighbour. Without boring you with the details, the paperwork for these access rights is either a mess or none existent (informal arrangement only). Its taken months to try to get the permissions sorted so that the house will have permanent access rights for a car, but its looking like we might not get there (current owner is reluctant to question some legal issues and blindly going ahead with what we consider insufficient permissions from the council).

We have gently been making enquiries into how much less the house might be worth without legal off street parking, but vendor is reluctant to drop the price (we agreed a good price based on other problems the house has (and were obvious at the time we made the offer). We don't want to buy a house (at the original price) which doesn't have legal off street parking and we will need to go back to the council for more permissions if we ever want to sell (more hassle more expense).

After months of this, we are on the verge of throwing in the towel. The main thing that is stopping us is that this was the "forever" house in a superb location and we have put in so much energy and effort it would be a shame to quit now. But we don't know if he will eventually drop the price to reflect lost value of the off street parking, or will think he can get another buyer to pay more than we would for a house with no such parking.

We think we have been extremely patient, but the strain is taking its toll on life - we just don't know if we will ever move.

I was just wondering if anyone had any tips to help move things along - our solicitor is supportive, and we have explained all to the estate agent.

Gosh, its all so stressful isn't it?

Ta x

OP posts:

trixymalixy · 18/11/2011 10:13

It does sound stressful. I think you need to give the vendor an ultimatum, either he sorts out the issues or drops the price or you pull out. It might shock them into being more reasonable after all an offer in the current climate is like gold dust!!

Gonzo33 · 18/11/2011 12:22

I am totallu with trixymalixy on this one. Absolutely give them an ultimatum.

Gonzo33 · 18/11/2011 12:22

*totally

Original poster

MyAngels · 18/11/2011 14:11

Thanks for the good ulitmatum advice - we have just got an email from the vendor saying he has told the EA twice this week that he wouldn't drop the price and he's told the EA to give US an ultimatum to pay up or pull out by today.

We haven't heard from the EA all week, so this is the first we've heard of it!

Fun and games.....

OP posts:

suebfg · 19/11/2011 21:55

You have asked for advice so here it is ... withdraw NOW, withdraw NOW, withdraw NOW. Don't ever take on someone else's issues. You will find another house without this hassle.

RandomMess · 19/11/2011 22:17

Yep sounds like a complete nightmare, walk away...

LemonDifficult · 19/11/2011 22:21

Nightmare.

Email the EA asking him to keep you on his books should anything suitable come up or the position with the permissions change. Keep it very brief.

He may coming running after you, he may not. My hunch is that you've let the seller know you are 'sold' and he's not done the work he should have.

MrsJAlfredPrufrock · 19/11/2011 23:18

Talk to your solicitor about access and services indemnity insurance.

Gonzo33 · 20/11/2011 06:58

What MrsJAlfredPrufrock said.

herhonesty · 20/11/2011 08:56

I wouldn't go anywhere near a house where the access wasn't clearly stated in the deeds and agreed by owners of land whichbyou hav to cross. off street parking seems a secondary issue.

Auntiestablishment · 20/11/2011 08:58

Where would you park if there wasn't a garage? Is it a nice-to-have or a must because other parking is impossible/inconvenient, etc?

I had an issue buying this place with a right of way over a neighbour's garden (needed to get from my yard to the street). Did get sorted in the end: the paperwork didn't exist so I think we ended up with a statutory declaration. I just hope my neighbour doesn't decide to move!

Original poster

MyAngels · 20/11/2011 09:52

Thanks all for your advice.

We have investigated the indemnity insurance route, but the terms of the insurance meant we could never contact the council to discuss widening the access (which it needs) so couldn't use that option.

There was a Statutory Declaration going back 50 odd years, but the original got lost somewhere in the last 13 years.

The EA called us yesterday and told us the vendor will not drop his selling price at all. He doesn't want to approach the owner of the house he wanted to buy to see if he would absorb some of the price drop to stop the whole thing from falling apart. So he will lose his sale and his purchase this week....(we haven't sold our house (we could buy without selling first), so can stay put with no problems, although we were looking for something larger and "forever".

We have decided to compromise offer a small amount just to stop the collapse of the sale, but if that is not accepted we will walk away. There is on street parking with no problem, but no access renders the garage and hardstanding in the garden redundant and will affect the value of the house.

We already have a possible back up plan house identified and will go and check it out this week.

I'm glad you all aren't flaming me for wanting to pull out at the last minute, its such a big decision...

OP posts:

Akandra · 20/11/2011 10:21

Your not pulling out because your being nasty - your pulling out because the vendor is being unreasonable. This is HIS own fault and you should not feel guilty. Just sad that you are losing out.

I think walking away is the right choice here. You can always say to come back to you if he gets the problem sorted. Maybe he doesn't think you'll do it?

DaisySteiner · 20/11/2011 10:42

Absolutely agree. You'd be paying for something which the owner may not have the right to sell and could so easily turn out to be a nightmare to sort out or have paid well over the odds. It's completely the vendor's fault for sticking his head in the sand!

Fizzylemonade · 20/11/2011 15:04

Why does the vendor not realise that this issue will crop up again and again each time he gets a buyer?

Have you had a look or posted on Gardenlaw.co.uk under their forums of rights of way? here

There may be some information there that could help resolve your issue for you.

It is difficult to walk away from a forever house. We are now in our forever house and even moved into a hotel for 3 weeks to wait for this house as we couldn't get our completion dates to match.

You have my sympathies.

Original poster

MyAngels · 20/11/2011 15:18

Thanks all.

I agree that the vendor doesn't seem to see that he will get this same issue cropping up each time he gets a buyer, but he is digging in his heels on the price.

He is buying a new build and paid a deposit I think - will he lose this if we pull out and he has to too? I'm not sure he can see the bigger picture.

He knows we really love the house, so yes, he might think we won't walk away...

Fizzy thanks - I have been on the Gardenlaw rights of way forum quite a bit, but they don't give much advice on how to talk some sense into a stubborn old man!

So frustrating, but thanks for the sympathies..

OP posts:

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