Are my sellers being unreasonable? Shall we pull out?

[Sp3849]

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?

Absolutely not!!!!!! The issue here is that once you own the house, it's your issue to sort out, and if it can't be sorted out you're going to be left in a position where one day, if you wish to sell on, the same access questions will arise and it'll be your responsibility to fix them and if it's not possible to, for whatever reason, it's already too late. If it was as easy as they're claiming then they would just do it to get the sale through. Something doesn't sound right here.

We pulled out for a similar reason.

The estate agent laughed at me and told me I was being stupid. I took my stupid half a million elsewhere.

Pull out. It's your only option. Of course they want it done and dusted. Because it will then become your problem not theirs.

Could you phone up the land registry and ask? If it’s a simple fix then everyone can wait until it’s done and if it isn’t you can walk way free from what ifs.

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.

Who's to say the clerical error is in your favour? What's to stop the neighbour contacting land registry to say that the error is on their deeds - i.e. there's no right of access, as proved by the lack of it on yours?

In their solocitors words "they were sick of the delays and this would cause even further unnecessary delays"

Finding a new buyer (if you pull out) will be a much bigger delay than sorting this out - if it really is that straight forward...

Don't pull out. In a property solicitor and it is an administrative issue.

Your sellers' solicitors are being obstructive and should try and perfect the title.

It's unforgivable that the sellers' sol haven't actually done anything and also didn't say so.

Your solicitor can write to Land Registry and ask them for their thoughts - but I've seen this before and when your sol registers the property when you're the owners they can ask for the easement to be registered against not just their title but yours.

Your sol should ask for your sellers' solicitor's undertaking to assist with any post completion issues in particular with registering the easement against the title
Of the property
You're buying.

@Tinyhumansurvivalist

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

We can all see each other's deeds. They're registered at land registry, for the most part.

It's NOT an unnecessary delay, it's a flipping critical one. If it was that easy they should have got on and done it.

I wouldn't go near any written statement which will probably be completely unenforceable and not worth the paper it's written on (unless solicitor advises otherwise).

Only pull out when you are happy they are crystal clear you won't be proceeding until this is sorted i.e you are not bluffing but prepare yourself to pull out.

The agent said you should seek the sellers help post sale - but they haven’t been very helpful pre-sale (you know the bit when they should want to keep you happy to get your money!) What an earth makes you think the sellers will help post sale, when there is no obligation on them and they have the only bargaining tool you have at the moment - your money!

Has your solicitor made enquiries with the Land Registry?

If you don’t get this sorted before exchange, you are going to end up buying a property you can’t sell (if you have a mortgage your solicitor will have to report this to them)

Ultimately, listen to your solicitor, that’s what you pay them for! If they said don’t buy, don’t buy

This is the problem my solicitor has not said not too proceed! She seems quite OK with it. It was my solicitor who suggested it was sorted after completion.
@MinecraftMother
" Your sol should ask for your sellers' solicitor's undertaking to assist with any post completion issues in particular with registering the easement against the title
Of the property
You're buying."

This is what she is doing but as they have been unreasonable she is concerned they will not Co operate. Hence why she has asked for them too provide a signed agreement too state they will Co operate and assist post completion.

Pull out before it’s too late!

The only way to proceed is to get the deeds amended or an indemnity from the sellers. If not don’t walk away RUN. I’d tell the sellers that it needs sorting or an indemnity or you’re out, give them the opportunity to sort it out.

Can you even get a mortgage on a house with access issues. We had similar when we bought and wouldn't buy until they sorted it. They got stroppy but we pointed out that the same would happen with any other buyer

@Sp3849

This is the problem my solicitor has not said not too proceed! She seems quite OK with it. It was my solicitor who suggested it was sorted after completion. *@MinecraftMother* " Your sol should ask for your sellers' solicitor's undertaking to assist with any post completion issues in particular with registering the easement against the title Of the property You're buying."

This is what she is doing but as they have been unreasonable she is concerned they will not Co operate. Hence why she has asked for them too provide a signed agreement too state they will Co operate and assist post completion.

The undertaking I mentioned is a legally enforceable promise - if the other side don't keep to that promise then your sols can go to the Law Society and 'tell daddy' 😂

Too many things could go wrong.

I'd think twice.
Actually I'd walk away and try to rent.

Not necessarily the same but I had something vaguely similar from the opposite side.

I told my solicitor that I wouldn't do a specific thing because of a specific reason. He passed that to their solicitor who said that's not good enough (I had an electrician check and issue a safety cert when they had asked for an indemnity).

An indemnity in that situation is pretty much worthless. The cert I provided was a safety cert, an indemnity just covered legal fees if something did go wrong, it didn't mean it was safe).

I was in contact with my buyers and they were happy with it, their solicitor didn't even pass the info on - it wasn't what was asked for.

I also had an issue with a 'piece of land I didn't own according to the land registry. I had the original deeds that showed I did own it - it just hadn't been copied correctly when the land registry went digital.

I did sort it out with the land registry - it took 2 weeks. My buyer pulled out of the sale - for nothing.

Registries went digital around 1998. Lots of errors were made which they are happy to sort out. It wasn't however picked up when I bought the property in 2000 and only came to light when my buyers solicitors picked it up (the day before we were due to exchange).

If you can - it may be worth talking to your sellers direct - as with the sale that did go through, the electrics came up again but because I spoke to my buyers direct it was sorted. They had a similar issue with their buyers which was also unnecessarily held up by solicitors making demands that they and their buyers had already discussed and sorted