URGENT!! Any legal bods familiar with a Deed of Easement?

[packofshunts]

We were due to exchange the sale on our house a month ago but turns out that our shower of shite previous solicitor didn't colour in our access properly to join the house to the road (we share part of the drive with a farm).

So a Deed of Easement was produced to make our access official (we have been using it for 18 years!). However it had to be signed off by the farmers mortgage company - Barclays.

That is where the nightmare begins - we cannot exchange until the signed Deed has been returned from Barclays legal dept. We were told it shouldn't take more than a week but has been 2 weeks and have just been advised could be another 2.

I am going fucking loopy from stress; our solicitor has been desperately trying to track down someone in Barclays to escalate, all to no avail.

We are now in very real danger of losing our sale/purchase and am ready to kill!!

Does anyone have anyone experience of dealing with this.
Any advice? Any contacts in Barclays??

Prosecco for all if anyone out there can help!!!

Bump

We couldn't get a Deed of Easement (National Trust) so got an indemnity instead. Could you do this?

Sorry you're going through this. I know how stressful it is.

I'm afraid there isn't a lot you can do in these circumstances other than keep chasing Barclays. The banks can be a nightmare in dealing with these requests. You could ask your solicitor about title indemnity insurance but as the farmer already knows about this issue it is possible you won't be able to insure. The best that can happen is trying to escalate it at the bank.

I agree it is now very unlikely you can get insurance.

There Isn't much more you can do except chase Barry's although presumably this is being done by the Farmer's solicitor so not much you can actually do.

I appreciate your frustration. Let the whole chain know the position and be realistic with timescales and its less likely that people will pulled out.

We have literally (2 weeks ago) had a similar situation. We got an indemnity and swore an oath that we have used it for 18 years.

Tthank you for your replies! I believe an indemnity was discussed a while back but for sme reason the our mortgage company wanted a deed of easement. Also think we may have gone to far down this process rich age it now. But will check 1st thing Monday

Array iPad! "Too far down process"

"To change"

It is usually a requirement of the insurance that the person who could stop you using it (ie the farmer and his bank) doesn't have knowledge of my the insurance and your asserted rights. But it is still worth asking your solicitor to check. Not all companies have the same requirements.

It's all rubbish though. Because you have been using it for so long no-one could actually stop you using it now, whether you have a deed or not.

But lawyers and surveyors have to make money. And banks.

I may be a little bitter after my recent experience. We were told that 10 years ago 'obvious ' things were let through. But because society has become ever more litigious it all has to be legally done. And paid for of course. Through the nose...

Loveka, based on what the OP has said she would need 20 years use before the farmer could stop her. She might be able to argue a right of way on foot as an easement of necessity but that is hard to prove. Such an easement wouldn't usually extend to vehicles. This would have been a problem even 10 years ago.