Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

Are my sellers being unreasonable? Shall we pull out?

42 replies

Sp3849 · 05/12/2020 20:33

We are about too exchange next week and are one down from the top of a chain of 5. It was brought too our attention when searches came back there was an issue with the access too the property we were buying. It goes through the neighbours land and it was in the neighbours title deeds, however there was no mention of it in the deeds of the house we are purchasing. Our solicitor was unhappy and stated there was a clear error on the title deeds too the property and asked them too contact Land registry and get them too ammend them too note that the driveway/access too the property runs through the neighbours land. We have now had an email this week after all these months from their solicitor to say that they "haven't contacted Land registry and have no intentions of doing so and to not bring the matter up again it is the end of it. " they have also refused too buy an indemnity policy for building regs for the heating which they do not have the certificate for. The solicitor is being quite rude and abrupt? The sellers are keen too complete and are pushing and pushing. I don't really feel happy with the situation. I know it's on the neighbours deeds but it should be mentioned on ours. If any issues ever arise it is the only access too the property! I can't understand why they would think they can say no? I have gone back and said for the sake of peace I will pay the indemnity but I am not happy too complete and go ahead without the title stating we have access over the neighbours land and I want a written agreement that they will sort this out and assist in matters if needed if we complete before the issue is resolved? Am I being unreasonable? Does it matter that there is no mention of it in our deeds?

OP posts:
Santaisironingwrappingpaper · 05/12/2020 20:36

Omg I would imagine access routes could be a minefield op..
I wouldn't be entering into such a legal arrangement without wide open eyes.
There must be imo some reason they are keeping you in the dark..

HirplesWithHaggis · 05/12/2020 20:38

Where is rhe property you're buying?

ramblingsonthego · 05/12/2020 20:39

No wonder they are pushing you to exchange as they know this is going to come up time and again. Personally I would say if the title isn't updated we are pulling out and then go into rented so your sale goes through. So many neighbour disputes could start over this. Its not worth the hassle.

Original poster
Sp3849 · 05/12/2020 20:42

Ceredigion wales

OP posts:
DrSop · 05/12/2020 20:43

No way. I'd pull out.

Panicmode1 · 05/12/2020 20:46

I wouldn't buy a house with an issue like this unless and until it was legally watertight. Too many potential issues! I suspect they are pushing you to go ahead because they know it will take years and/or £££ to sort out.....

CheshireCats · 05/12/2020 20:49

I don't know the legalities of the situation, but if your solicitor is unhappy, I would say that is very telling. I would insist it is sorted or pull out. Neighbour disputes are hellish and after a dispute you will find it much harder to sell.

tasmaniandevilchaser · 05/12/2020 20:50

I have pulled out of a house purchase because of a similar issue. Our solicitors advised us to do this if the vendors couldn't provide the necessary paperwork (can't remember exactly what our solicitors were asking for). It was very stressful at the time but so glad we did, found a much nicer house.

What are your solicitors advising?

GeorgiaGirl52 · 05/12/2020 20:58

Definitely pull out. You do not want to have to rely on the "good will" of your neighbors to be able to access your property. Also if you ever decide to sell the property it is likely to reduce the value immensely.

didireallysaythat · 05/12/2020 21:02

Your solicitor, acting on behalf of your mortgage company if you have one, won't be happy to exchange on a house you can't guarantee you can actually access.

I'd make it clear it's a show stopper and let the estate agent know too

greenlynx · 05/12/2020 21:03

I’d pull out. It’s the only access to the house. It could be not only nightmare to sort out but a very expensive one.

ChelseaCat · 05/12/2020 21:07

Walk away. You’ll find something better and less complicated

PowerslidePanda · 05/12/2020 21:10

If it was easy to sort out, the seller would have just done so already. The fact that they're refusing to speaks volumes. Don't go ahead without this being rectified - why would they bother to adhere to any written agreement? Right now you're in a strong position to ask for them to fix it - if you go ahead and complete regardless, you won't be!

Beautiful3 · 05/12/2020 21:14

I would want this sorted or I'd pull out. It can cause major issues.

Original poster
Sp3849 · 05/12/2020 21:17

The solicitor and estate agents don't seem too bothered they have said that the access/easement is clearly stated in the neighbours deeds and the fact that it isn't in ours is just a clerical error and should be easily rectified by contacting the Land registry. It was suggested by the agent that we request their assistance post sale in getting it rectified? So they made it sound like it wasn't a big deal hence why I went along with requesting a written statement that they will cooperate in getting it sorted post sale. But I just have this feeling of worry that they are hiding something

OP posts:
Legoandloldolls · 05/12/2020 21:18

I would personally pull out. I bought a house where is rights of access, but I own the land other people need access over. That is a headache enough. The other way round I wouldnt touch. A house off of my drive is being sold on for development and if they think I will agree access to multiple flats they wont get it because they gain access from the road onto the land

Tinyhumansurvivalist · 05/12/2020 21:21

Can you contact the land registry yourself and ask for advice? If it is a simple fix then they should be able to advise you.

However, how do.you know it is in the neighbours title deeds? Technically you have no legal right to see them so how have you got that knowledge? No accusing you of anything, but if the information has come from the vendor then I would seriously question it especially as they are refusing to provide legally required cover for other potential issues.

Frankly I would walk away

Missthedog · 05/12/2020 21:25

If it was easy, they would have done it. pp said pull out and go into rental if you want to sell yours. Sounds like a good plan.

PowerslidePanda · 05/12/2020 21:30

The solicitor and estate agents don't seem too bothered they have said that the access/easement is clearly stated in the neighbours deeds and the fact that it isn't in ours is just a clerical error and should be easily rectified by contacting the Land registry. It was suggested by the agent that we request their assistance post sale in getting it rectified?

OK - on the face of it, that's no more effort for them than writing a statement would be - so why wouldn't they just do it, rather than digging their heels in? If it really is as simple as you've been led to believe, they won't risk losing the sale over it.

tara66 · 05/12/2020 21:35

I wouldn't proceed - It is the property you want to buy that needs the legal confirmation for right to cross over the neighbour's land - as that is the one that needs it. What if existing neighbour sells and new owner doesn't want you having the access? - you have no proof.

FinallyHere · 05/12/2020 21:35

should be easily rectified by contacting the Land registry

Well, they would say that, wouldn't they?

If it was so easy why haven't they done it? And provides an indemnity policy too. If it's so easy a policy would be very cheap.

Very telling that they are trying to pressurise you into going ahead. Don't.

ILoveYoga · 05/12/2020 21:36

I would pull out. Access is crucial and you’ll be at the mercy of the neighbours to maintain that.

As previous posters have said, if it were an easy fix, it would’ve been done.

If you’ve got good buyers and you’re flexible on your onward purchase, do think about continuing to sell. You’d become very attractive buyers without a chain

Op, I’m really terribly sorry but do need to point out that there is a difference between too and to.

Original poster
Sp3849 · 05/12/2020 21:37

The solicitor my solicitor has he led the neighbours title deeds how I do not know she told me It is on theirs and this is why she believes it is a clerical error. But you are all right if it was easy they would have done it. But they have been very petty all the way through and difficult. They have refused too pay for indemnities etc so I suppose I thought that this was them being petty again. In their solocitors words "they were sick of the delays and this would cause even further unnecessary delays" so I thought maybe I was missing something and overreacting. I guess it's pull out and rent. Absolutely gutted.

OP posts:
2bazookas · 05/12/2020 21:37

I would pull out.

If the title deeds could be corrected at Land Registry, then surely the sellers would have done so themselves before putting the place on the market. Now their solicitor, totally unreasonably, says they won't sort out their problem. I'd take that to mean, they can't sort it out. For reasons they are concealing from you.

There's more to this than meets the eye . Don't get lumbered with someone else's nightmare.

FanSpamTastic · 05/12/2020 21:38

They are being unreasonable - if it was easy then why the heck didn't they do it when it was first brought up? I would not proceed until resolved.

Swipe left for the next trending thread