UPDATE. Something doesn't add up with our buyer

maryanne209

I am so grateful to be able to post on here (old fashioned O.A.P'S) We still aren't getting anywhere . It is now apparantly (from buyer) entirely due to vehicular access, his solicitor says there is no vehicular access, but he says he still definitely wants it if there is. Our solicitor is fuming and says 101% that there is vehicular access and so does the solicitor who we purchased from, His solicitor told our solicitor he doesn't have a colour printer and the client our buyer would have to pay an extra £25 for purchasing this information from our solicitor. so she has now posted them to him at an extra cost of £25 to us. He doesn't seem to be in any hurry even though he keeps saying once he has this information about access he still wants the property. Do you think maybe he has more than one property on the go. Our contracts have been passed to his solictor but were just getting nowhere. Thank goodness I became a silver surfer when I did to get this kind of help, so grateful for all your replys so far.

theartfullodger

I think maryanne may be referring to this thread....
http://forums.moneysavingexpert.com/showthread.html?t=2154155

Cheers!

Lodger

(nuffink' wrong wiv being an OAP....!!)

twokcc

maryanne209
Looks to me as if buyer is after your property for development potential, so as he has no intention of living in your house he is not concerned about how long it takes for the sale to proceed as may also be trying to gat you in a frame of mind to approach you with a lower offer. Can't remember from your previous post if you are in a chain but if you haven't spoken to your estate agent would ring him tomorrow and tell him to put your house back on the market, even if you don't discuss anything about the buyer. Believe you said the buyer had been to see your neighbor couldn't you go and talk to see what your buyer discussed with them.
It may also help if you could advise details of your property, is it detached, does it stand on a large plot, is it in a conservation area/or listed, is there land bordering it that is currently landlocked which would be accessible from your property(even if it means demolishing your property. Have any of the other properties bordering yours been sold recently. Have there been developments nearby i.e new apartment blocks etc
Have you tried doing an internet search on the buyers name, may give further info and if your local authority has planning applications(past and current) may be worth searching both to see if any development near to you or if buyer is associated with any planing applications.

Hope it works out for you

duncan303

Looks like there is an issue with access and it sounds as if there is confirmation wanted with respect to a prescriptive right of access (that being a grant aquired by longevity of use) this type cannot usually be enlarged in any form. Normally over land belonging to another who has not given permission.

whereas an express grant(that being a grant granted by a deed) is limited only by the wording in the deed. ie a grant to drive pigs across land cannot be extended to drive cows.

so is it a prescriptive grant or an express grant that is causing the difficulty?


could this thread be tagged onto the original???..



..

zet_2

maryanne209 wrote: »

his solicitor says there is no vehicular access, but he says he still definitely wants it if there is. Our solicitor is fuming and says 101% that there is vehicular access

Well the buyer's solicitor could be making some work for himself to pay his Christmas card bill :-)