Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Property/DIY

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

Buying house - right of way mare

7 replies

Boredoffootballnow · 23/06/2010 11:14

Offer accepted on house. Leaving London for the country. Big move etc. Turns out drive not included. Annoying we thought, maybe we'll haggle over price. It's alright they say, right of way is on deeds so you can still park etc.

Our solicitor says. No it isn't. House is two cottages knocked together and right of way was on old deeds for one house, not the new deed for combined house. No parking without access over drive. Windy country lane, no room for manouevre at all.

This is dream house, DH is devastated and sellers, estate agent are just ignoring us. Our solicitor says we are utterly mad to buy without them reapplying for right of way and then securing it before completion. If it's all fine he says, then it'll take them a couple of weeks, they pay if there's a charge and you pay for house secure in knowledge it's value won't be affected by lack of right of way. If they won't, our sol says, means it's likely not to be easy, or expensive to resecure right of way.

Am I just an untrusting Londoner who wants is dotted and t's crossed as estate agents and sellers' solicitor is saying? They've lived in house for 25 years and never had any problems. But our solicitor says no right of way on deeds means no right of way and plenty of recent case law to show these cases are challenged and can be lost. He says if they won't renew it with land owner to get it on deeds we need to abort buying process?

Please someone help - driving me insane. What would you do?

OP posts:
ageing5yearseachyear · 23/06/2010 18:27

i would absolutely follow your sols advice- it sounds very sound indeed.

your dream house will become a nightmare house. even if you don't intend to sell on there will always be a niggle in the back of your mind that if you do then you will come up against the same issue and you will end up paying for it and sorting it out.

Who does own the right of way?

They are unlikely to put it back on the market because every search will show exactly the same thing.

unavailable · 23/06/2010 18:37

You are not being an untrusting Londoner! Listen to your solicitor.

If right of way hasnt been a problem and the neighbours are fine with it, there sould be no problem in getting the legal paperwork renewed. If the current owners are reluctant to do this, I would imagine its because they know there is likely to be a problem.

It it comes to it, dont continue with the purchase without getting it sorted.

rebl · 23/06/2010 19:18

You must listen to your solicitor on this one. I would have thought that it won't be a problem for the current owners to get right of way. If it is then it will be a problem for you to park.

jammietart · 23/06/2010 20:37

Just been through very similar problem with our new house. Your sol is absolutely right. Its the vendors responsibility to sort out the right of way and meet any costs incurred. They will have to do this to complete any future sale (as likely to be required by mortgage company). You need to suggest the vendor instructs a solicitor rather than taking advice from an estate agent. Easier said than done!

Good luck.

Boredoffootballnow · 24/06/2010 20:02

Thank you so much, All useful and I know you're all right. Owner is a trust/foundation for a national heritage type site. Likely to be civilised btu also has the money to fund legal arguments for years...

Buying a house is just so stressful I can't bare it! Posted on money matters too and start to feel that if legals aren't sorted, it isn't the dream house after all... very sad as house lovely, school sorted. an DH over the moon, until all this started.

OP posts:
GrendelsMum · 24/06/2010 21:02

There's a farm near us where the house is now owned by a different person to the land, and the landowners are refusing permission for access to the house owners. Result - one empty house. I wouldn't risk it.

Boredoffootballnow · 25/06/2010 20:32

On Grendel, that's exactly the nightmare we're worried about. Our solicitor said you're unlikley to wake up one morning and find something awful's happened, but if you do, it won't half ruin your coffee.

Head, head, head. Wins every time, sadly ... Think we're going to give ultimatum to sellers and say either sort the access officially, or it's off...pants.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread