more house buying help please...
Discussion
This time with an HGV trailer in the back garden!
I'm in the process of finalising a purchase of a chapel in Shropshire and had lots of help from here so far. We've had a 106 agreement lifted and planning accepted to change the property into a dwelling (from the office it was turned into since '94)
The whole process has been very challenging. I'll explain more in the future build thread hopefully.
We're now in a position where last week we were due to complete. We'd agreed to terms in the contract to fence the entire plot with agri grade fencing. At the 11th hour the vendor's solicitor changed the terms of the contract to include a stipulation the fence must be erected within 28 days. We couldn't agree to this as due to the type of planning we'd currently need to apply for planning for the erection of the fencing so clearly couldn't agree to this time scale.
We're now looking at completion this Friday. The vendor's land butts up against the land we're buying and the currently have an HGV trailer body against the boundary. We've asked for this to be moved prior to completion but they're now saying it's unreasonable to expect this as they're using the trailer as storage. The trailer's been there for some time, it's showing on Google Earth's 2009 images so I expect it will be a pain to shift as it won't be roadworthy.
The issue we're in now is if we accept it's there and move in he the vendor has no incentive to move it and judging by the state of the land around really it just appears it's his accepted standard of living so it won't bother him. However, the vendor is saying if we make a request for him to move it, even given reasonable time, he'll withdraw the sale.
Clearly, this appears to be cutting his nose off to spite his face and its in his best interest to not withdraw from the sale but I have no guarantee.
I'm thinking of other options; would a trailer which is now immovable do has some degree of permanency which is being used for storage now a building under the definition? And if so, would it need planning permission? If so, it may be easier to move in then make a further request to the vendor before getting the council involved?
We really don't want to lose the property, it's a once in a lifetime place. Do we have other options and do you think I'm being unreasonable in my requests?
I'll post up a pic on the way home.
I'm in the process of finalising a purchase of a chapel in Shropshire and had lots of help from here so far. We've had a 106 agreement lifted and planning accepted to change the property into a dwelling (from the office it was turned into since '94)
The whole process has been very challenging. I'll explain more in the future build thread hopefully.
We're now in a position where last week we were due to complete. We'd agreed to terms in the contract to fence the entire plot with agri grade fencing. At the 11th hour the vendor's solicitor changed the terms of the contract to include a stipulation the fence must be erected within 28 days. We couldn't agree to this as due to the type of planning we'd currently need to apply for planning for the erection of the fencing so clearly couldn't agree to this time scale.
We're now looking at completion this Friday. The vendor's land butts up against the land we're buying and the currently have an HGV trailer body against the boundary. We've asked for this to be moved prior to completion but they're now saying it's unreasonable to expect this as they're using the trailer as storage. The trailer's been there for some time, it's showing on Google Earth's 2009 images so I expect it will be a pain to shift as it won't be roadworthy.
The issue we're in now is if we accept it's there and move in he the vendor has no incentive to move it and judging by the state of the land around really it just appears it's his accepted standard of living so it won't bother him. However, the vendor is saying if we make a request for him to move it, even given reasonable time, he'll withdraw the sale.
Clearly, this appears to be cutting his nose off to spite his face and its in his best interest to not withdraw from the sale but I have no guarantee.
I'm thinking of other options; would a trailer which is now immovable do has some degree of permanency which is being used for storage now a building under the definition? And if so, would it need planning permission? If so, it may be easier to move in then make a further request to the vendor before getting the council involved?
We really don't want to lose the property, it's a once in a lifetime place. Do we have other options and do you think I'm being unreasonable in my requests?
I'll post up a pic on the way home.
IMO I would have to REALLY want the place as the neighbour is being unreasonable before you're paying him - what's he going to be like afterwards ?
Regarding the trailer - you cannot park non agricultural trailers where ever you like in the green belt (I presume it is greenbelt)
However if it's been there long enough then you cannot force him (through planning laws) to move it.
I doubt a temporary trailer could get permission to erect a permanent storage building but I've seen stranger things happen.
Could the vendor be deliberately trying to lose the sale - ie by you turning it from an office to a house is it now worth more on the open market ?
Regarding the trailer - you cannot park non agricultural trailers where ever you like in the green belt (I presume it is greenbelt)
However if it's been there long enough then you cannot force him (through planning laws) to move it.
I doubt a temporary trailer could get permission to erect a permanent storage building but I've seen stranger things happen.
Could the vendor be deliberately trying to lose the sale - ie by you turning it from an office to a house is it now worth more on the open market ?
Edited by V8RX7 on Tuesday 3rd May 17:09
Thank you for the replies.
Well, it's been there for over 10 years by the look of it so I'm guessing the planning route is a no go. My thoughts are he's far enough away that he can't cause us a big enough problem when we move in to warrant not going with the property. He's well into his 80s and decrepit so it won't be for too long anyway.
We've possibly made an agreement where he has 2 months to move it away then a further four to get rid of it. My feelings are we'll suck it up for now then do something about it in time as long as it's in the contracts to move it.
Thanks for the help.
Well, it's been there for over 10 years by the look of it so I'm guessing the planning route is a no go. My thoughts are he's far enough away that he can't cause us a big enough problem when we move in to warrant not going with the property. He's well into his 80s and decrepit so it won't be for too long anyway.
We've possibly made an agreement where he has 2 months to move it away then a further four to get rid of it. My feelings are we'll suck it up for now then do something about it in time as long as it's in the contracts to move it.
Thanks for the help.
It's a plot of land next to the vendor's house. The plot is a little over an acre in size and one corner sites a very small primitive Methodist chapel. We're buying the chapel and about .25 acre from the vendor. The chapel was originally converted into offices in the mid 90s and now further conversion to a dwelling by us. The planning and associated fees were done prior to us buying it.
We need to fence off the plot that we've purchased. The main sticking point being that we accepted that, we get our choice of fence etc. However the afternoon before completion their solicitor sent an amended contract now saying we had 28 days to erect the fence. This is impossible as currently (it will be removed in due course) we need planning consent to erect a fence.
I think it was their solicitor panicking on thinking he'd stipulated we must erect a fence but not saying when making his stipulation pointless. At the same time the contract has other, I assume standard stipulations on us not causing a nuisance or anything anti social etc. But the vendor has a ruddy great HGV trailer body right on the boundary. I just feel like we're being dictated to whilst none of the stipulations seem relevant but also don't appear to include the crap he has dumped.
As I said, I'm pretty sure we have a way forward. I've suggested two month to relocate the trailer and a further four to remove it. We'll see how we get on on Friday.
We need to fence off the plot that we've purchased. The main sticking point being that we accepted that, we get our choice of fence etc. However the afternoon before completion their solicitor sent an amended contract now saying we had 28 days to erect the fence. This is impossible as currently (it will be removed in due course) we need planning consent to erect a fence.
I think it was their solicitor panicking on thinking he'd stipulated we must erect a fence but not saying when making his stipulation pointless. At the same time the contract has other, I assume standard stipulations on us not causing a nuisance or anything anti social etc. But the vendor has a ruddy great HGV trailer body right on the boundary. I just feel like we're being dictated to whilst none of the stipulations seem relevant but also don't appear to include the crap he has dumped.
As I said, I'm pretty sure we have a way forward. I've suggested two month to relocate the trailer and a further four to remove it. We'll see how we get on on Friday.
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