Buying a house. Problem with boundary
Discussion
I am quite far through the conveyancing process (mortgage offer in place, searches and survey paid for) and my solicitor has identified that there is a boundary issue.
Basically it is an end chain house and the house beside mine has an access path that goes around the back of my garden and down the side of my house to the front road. My garden gate opens onto this path as does the side door to the garage. The assumption was that this was a shared path however on further investigation, it turns out the path belongs to the adjoining house. So, every time I walked out of my back garden or garage, I'd be trespassing.
Now this is a fairly new house so there is the chance that it is an error which can be rectified by the selller with the land registry. If this can't be done, would you still buy the house? I've been told you can insure against this causing future problems but it has made me nervous. I'm separating from my wife and have sold our house so time is of the essence but I'm not hugely emotionally attached to the house, it was just the best at the time.
Basically it is an end chain house and the house beside mine has an access path that goes around the back of my garden and down the side of my house to the front road. My garden gate opens onto this path as does the side door to the garage. The assumption was that this was a shared path however on further investigation, it turns out the path belongs to the adjoining house. So, every time I walked out of my back garden or garage, I'd be trespassing.
Now this is a fairly new house so there is the chance that it is an error which can be rectified by the selller with the land registry. If this can't be done, would you still buy the house? I've been told you can insure against this causing future problems but it has made me nervous. I'm separating from my wife and have sold our house so time is of the essence but I'm not hugely emotionally attached to the house, it was just the best at the time.
desolate said:
Are you sure you don't have rights to pass over the path?
If the fact the path exists doesn't put you off, you could get the vendor to buy an indemnity policy to cover you if it ever goes sour.
My solicitor said that's one option. How do they work? If I can't sell the house cause of this, how does it pay out?If the fact the path exists doesn't put you off, you could get the vendor to buy an indemnity policy to cover you if it ever goes sour.
Steve vRS said:
My solicitor said that's one option. How do they work? If I can't sell the house cause of this, how does it pay out?
It wouldn't work like that.If you don't have access over the path then the policy will pay out for reduction in value or the cost of rectifying he situation.
If you aren't clear about what the path is there for and who can use it don't proceed.
Hmm.
I think I willl say if it is an error, sort it out and I'll accept the delay in the sale process providing my buyers can live with the delay. If it is not a mistake and I need to get it confirmed legally that I can access the path, then if this delays the process so long that it threatens my house sale, I may have to withdraw (Fnarr).
Just what I needed.
I think I willl say if it is an error, sort it out and I'll accept the delay in the sale process providing my buyers can live with the delay. If it is not a mistake and I need to get it confirmed legally that I can access the path, then if this delays the process so long that it threatens my house sale, I may have to withdraw (Fnarr).
Just what I needed.
My experience is bits of land are owned by someone and others are granted right of access. The developer may have assigned the land to you neighbour and given you access as it's easier to enforce than you owning the land and blocking your neighbours access (not saying you personally would, but you could see that some people might).
The devil will be in the deeds, but I wouldn't buy until I was happy.
The devil will be in the deeds, but I wouldn't buy until I was happy.
I still cannot get a satisfactory answer from my sellers solicitor about this plus it now turns out that an extension and driveway that have been added to thhouse have not got permission from the landlord (leasehold house). What could the consequence of this be?
I think I may be withdrawing.
I think I may be withdrawing.
Steve vRS said:
I still cannot get a satisfactory answer from my sellers solicitor about this plus it now turns out that an extension and driveway that have been added to thhouse have not got permission from the landlord (leasehold house). What could the consequence of this be?
I think I may be withdrawing.
Lots of noise and issues things coming out from the woodwork I'd walk personally unless you truely love it. I think I may be withdrawing.
Steve vRS said:
No emotional attachment at all but I cannot let the sale of our house fall through so I may have to rent as it's unlikely I will find somewhere else in time.
As a cash buyer your in a far better position than chain. As unpalatable as Renting might be in this situation I would.
Welshbeef said:
As a cash buyer your in a far better position than chain.
As unpalatable as Renting might be in this situation I would.
The OP has said he is taking a mortgage so won't be a cash buyer.As unpalatable as Renting might be in this situation I would.
OP, although the bad press for leasehold houses is largely directed at new homes, I suspect every leasehold house will be tarred with the same brush. Perhaps worth considering how this might affect you when you come to move next?
Steve vRS said:
I still cannot get a satisfactory answer from my sellers solicitor about this plus it now turns out that an extension and driveway that have been added to thhouse have not got permission from the landlord (leasehold house). What could the consequence of this be?
I think I may be withdrawing.
Walk and rent somewhere would be my instinct.I think I may be withdrawing.
Path:
- do you need the access it in theory has?
- does the path have right of access? (Your solicitor would, in theory, have asked about that)
- can right of access be gained?
Answer yes to (1) and no to the other 2 then walk
An indemnity policy may work for this one, but they're always a bit of a bodge IMO.Extension planning:
- in theory the council could make you take them down
- in practice I doubt they will, depending of course on what's been built and when!
- you can get indemnity policies for these too
If they're sizeable additions I wouldn't rely on an indemnity policy - as above, they're a bodge. I have one for a couple of windows in my place. Not hard and immaterial to rectify if it ever comes to it and the vendors paid for the policy. I'd feel less comfortable about it if the end result was part of my house having to be removed, even if it was paid for!
House purchases are rarely wrinkle free (windows in mine plus lack of clarity on utilities; the owner of one house I bought once didn't even own the bloody thing legally!). But it doesn't sound like your vendor sorted things out very thoroughly at all. So what next?
Planning
C Lee Farquar said:
Welshbeef said:
As a cash buyer your in a far better position than chain.
As unpalatable as Renting might be in this situation I would.
The OP has said he is taking a mortgage so won't be a cash buyer.As unpalatable as Renting might be in this situation I would.
OP, although the bad press for leasehold houses is largely directed at new homes, I suspect every leasehold house will be tarred with the same brush. Perhaps worth considering how this might affect you when you come to move next?
Murph7355 said:
Walk and rent somewhere would be my instinct.
Path:
- do you need the access it in theory has?
- does the path have right of access? (Your solicitor would, in theory, have asked about that)
- can right of access be gained?
Answer yes to (1) and no to the other 2 then walk An indemnity policy may work for this one, but they're always a bit of a bodge IMO.
Extension planning:
- in theory the council could make you take them down
- in practice I doubt they will, depending of course on what's been built and when!
- you can get indemnity policies for these too
If they're sizeable additions I wouldn't rely on an indemnity policy - as above, they're a bodge. I have one for a couple of windows in my place. Not hard and immaterial to rectify if it ever comes to it and the vendors paid for the policy. I'd feel less comfortable about it if the end result was part of my house having to be removed, even if it was paid for!
House purchases are rarely wrinkle free (windows in mine plus lack of clarity on utilities; the owner of one house I bought once didn't even own the bloody thing legally!). But it doesn't sound like your vendor sorted things out very thoroughly at all. So what next?
Planning
The extension has planning permission but not the land owners permission. House is less than 10 years old. Path:
- do you need the access it in theory has?
- does the path have right of access? (Your solicitor would, in theory, have asked about that)
- can right of access be gained?
Answer yes to (1) and no to the other 2 then walk
An indemnity policy may work for this one, but they're always a bit of a bodge IMO.Extension planning:
- in theory the council could make you take them down
- in practice I doubt they will, depending of course on what's been built and when!
- you can get indemnity policies for these too
If they're sizeable additions I wouldn't rely on an indemnity policy - as above, they're a bodge. I have one for a couple of windows in my place. Not hard and immaterial to rectify if it ever comes to it and the vendors paid for the policy. I'd feel less comfortable about it if the end result was part of my house having to be removed, even if it was paid for!
House purchases are rarely wrinkle free (windows in mine plus lack of clarity on utilities; the owner of one house I bought once didn't even own the bloody thing legally!). But it doesn't sound like your vendor sorted things out very thoroughly at all. So what next?
Planning
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