Should we proceed with this sale? Would you?
Discussion
Looking at the paper she gave earlier showing the indemnity I'm confident the garage is built inside the boundary. You can see the existing house was built further over than the original place which is what's shown on those deeds.
I'm not sure why there was a covenant for access. The land was owned by a family, I've spoken to the man named in the covenant and he said that back then it was all owned by the same family and exact lines weren't really scrutinised. I don't think he even knew why there was a covenant giving him access via that blue strip.
I'm not sure why there was a covenant for access. The land was owned by a family, I've spoken to the man named in the covenant and he said that back then it was all owned by the same family and exact lines weren't really scrutinised. I don't think he even knew why there was a covenant giving him access via that blue strip.
We had a similar issue with this current house. However the land in question had been used for 18 years by the owners and as such an affidavit was lodged with the land registry who then assigned the land to our property. Thus we bought it.
Had this not happened, anyone who owned the land could materialise and charge you 1k per day to cross "their land"... Silly as it may seem, we were told of a commercial property this applied to years ago and it cost them "a lot" to gain access to their own land......
In your shoes I would say this: A better place will come along.
Unless this is your dream house at a super price, I would find another.
Had this not happened, anyone who owned the land could materialise and charge you 1k per day to cross "their land"... Silly as it may seem, we were told of a commercial property this applied to years ago and it cost them "a lot" to gain access to their own land......
In your shoes I would say this: A better place will come along.
Unless this is your dream house at a super price, I would find another.
Me, I'd move on. Sure you love the house but there are plenty of others and you'll forget this one soon. I'd always be concerned about the road perhaps one day turning into a truck route with the associated noise, mud and vibration as that land looks plum for commercial premises.
Good luck either way.
Good luck either way.
garyhun said:
Shouldn't the title read "Should we proceed with this purchase"?
Bottom line.......Yes
The vendor does have an indemnity for this land, however looking into it today it appears you still have to apply for adverse possession once a certain time frame is up. Of course though it doesn't mean it's automatically yours.
We will speak to a solicitor but I do agree that the whole situation isn't looking overly great
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