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Purchase collapsing

20 replies

Unsure33 · 27/05/2021 22:05

We found a lovely house , sold ours short chain , then our solicitor spotted the new house we are buying has an agricultural restriction!

It’s an individual built new house on farm land .

Now we are being pressurised , can’t really find rented as we have two dogs and will cost thousands to store furniture. But we have got a really good price for our house and do want to move .

Honestly what was the builder thinking . The house has been completed for months . Gutted .

The only thing I can think of is we take a chance complete our sale and rent the house ( try and get a cheap price) while the solicitor sorts it out but that could take months .

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DeRigueurMortis · 27/05/2021 22:09

Is it possible to get the sellers to buy an insurance indemnity against the agricultural restriction?

Unsure33 · 28/05/2021 12:48

We did suggest this but our solicitor is advising against taking out an indemnity policy

The sellers solicitor are not even saying whether or not that have applied to have the tie removed .

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NervousBuyer2021 · 29/05/2021 07:48

Are you likely to find something else in the area you want? How far progressed is your sale? You could move into rental and keep looking for somewhere else suitable too as a back up?

Planttrees · 29/05/2021 07:50

It can take years to get agricultural restrictions removed even when people already live in them. I would stay clear - they are cheap for a reason!

bigbaggyeyes · 29/05/2021 07:54

We looked at a house with an agricultural tie and after lots of conversations we decided against it. We even have live stock which 'should' have fitted the clause.

Whoever you dealt with when viewing and offering on the property needs a good talking to for not mentioning it.

LaMariposa · 29/05/2021 07:55

I’d stay put. While I feel very sorry for your buyers the property market is challenging at the moment, and being stuck in rental is money down the drain.

Unsure33 · 29/05/2021 10:50

Rental is difficult because we have dogs and there is nothing local . Plus storage would cost a fortune The house we want to buy is a new build on farm land and there is an identical one where the purchaser will be having the same problem . I don’t quite understand what has happened because another builder has bought other land belonging to the same farmer and they have all moved in . So it’s all very odd . We can only hope there is an error somewhere and it’s not as bad as we think . There is one other house we might go for but everyone in the chain will loose the stamp duty advantage so I guess we would have to lower our price .

We have asked our solicitor to actually ring the sellers solicitor and see what is going on ( rather than email and then wait )

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Unsure33 · 29/05/2021 10:53

@bigbaggyeyes

I agree . The house has been built for a while but was actually priced very high and did not sell . Then there was a dispute and loads of delay getting the water connected. I am not sure the estate agent was aware to be honest and we are the first ones to actually proceed with purchase , no one else has gone to buy and dropped out because I have been looking at the house for a long time .

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ChicChaos · 29/05/2021 11:02

I don't think you can indemnify against an agricultural tie, you either meet the conditions or you don't!

If you want to sell your own property then keep looking for a rental, and keep looking for other property as well. I know someone who bought a (much older) property and did have the agricultural tie removed but it did take ages and they wouldn't purchase the house until the tie had been removed. The fact that a new build has the tie applied would make me wonder how easy it would be to have it removed. Have you asked whatever authority (council?) would be responsible for removing it what the chances are?

Diamondnights · 29/05/2021 12:43

It is hard getting an agric tie removed, on a newbuild, the developer will have used the need for an agricultural worker to be onsite as a way of getting pp. Developers then price them high SO that they don't sell and they can say that there is no demand from agricultural workers and try to get the tie removed. Then they can be sold on the open market. Luckily councils tend to recognise this obvious fraud.

I'm sorry you've been caught up in it OP. I would advise great caution if you don't meet the agricultural requirements.

Unsure33 · 31/05/2021 15:15

@Diamondnights. Thanks for your comments.

I am angry that nothing was mentioned from the beginning and nothing on planning either . We don’t want to rent due to costs wiping out what we have got for our house .

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Unsure33 · 31/05/2021 15:44

@Diamondnights

I checked all planning and planning was not granted with the purpose of agricultural tie. Was quite clear residential with no agricultural conditions it’s all very odd

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Unsure33 · 31/05/2021 17:48

So I became a detective . And after a few hours found a letter from the council saying the agricultural tie was on the farmhouse only and NOT a on the land where the house ( we want to buy ) has been built , so looks like we are ok .

Why the sellers solicitor could not confirm that I don’t have a clue .

Looks like the land registry documents have to be redrawn up !

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Newhousehope · 31/05/2021 18:27

@Unsure33

So I became a detective . And after a few hours found a letter from the council saying the agricultural tie was on the farmhouse only and NOT a on the land where the house ( we want to buy ) has been built , so looks like we are ok .

Why the sellers solicitor could not confirm that I don’t have a clue .

Looks like the land registry documents have to be redrawn up !

Fingers crossed!
RandomMess · 31/05/2021 18:39

I hope it all gets resolved ASAP!

Unsure33 · 31/05/2021 18:44

Me too . Found planning agreeing agricultural tie removed and confirming no special designation on land . Hope the solicitor offers me a job 😀

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Smartiepants79 · 31/05/2021 18:48

Hope you’re not paying your solicitors! They’ve earned their money on this one!

Unsure33 · 31/05/2021 19:44

I think my solicitor asked the right question and queried this at the beginning of May , the sellers solicitor just did not reply 🤷‍♀️

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Diamondnights · 31/05/2021 19:53

@Unsure33

So I became a detective . And after a few hours found a letter from the council saying the agricultural tie was on the farmhouse only and NOT a on the land where the house ( we want to buy ) has been built , so looks like we are ok .

Why the sellers solicitor could not confirm that I don’t have a clue .

Looks like the land registry documents have to be redrawn up !

That sounds really good news. Fingers crossed. Good luck!
Unsure33 · 31/05/2021 20:33

Thank you @Diamondnights

I have sent all documents to our solicitor . Let’s hope it can be sorted .

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