tricky situation, advice please

fatblokexl

we viewed a lovely property and submitted an offer subject to survey etc (scottish sale, posted here some time ago re another query).

when the title deeds came through for our perusal, we noted the area we were told was a private driveway, by seller and on schedule, is in fact communal.

the property is a block of 5 flats each with allocated parking and "our" flat has allocated parking and currently, sole use of driveway (seller assures us as she is only one to park there).

we really like the property and would do a lot of things to get it.

OH has suggested we pull out unless title of the driveway is signed over to us, as anyone using it would:

a) stop us from parking next to our flat (allocated parking is other side of building)

b)cause loss of privacy (driveway is right outside 2 bedrooms)

c) affect re-sale.

now, our solicitor has said all other owners would need to relinquish their responsibility for the "communal" area and have each property title amended to suit. (cost est at £2k). we are willing to pay for this if push really came to shove, but there are sizable spanners in the works.

one of the other flats is for sale and...they are selling it with "private driveway"

any agreement by them as to us having use may not be honoured by new owners

our solicitor does not want to act on the other owners behalf due to conflict of interest etc.

the other owners may need their own solicitors to deal this and we would have to foot the cost, £££££'s extra.


are we unreasonable in asking the seller to do all legal title changes at her own expense before we commit to purchase?

clutton_2

""are we unreasonable in asking the seller to do all legal title changes at her own expense before we commit to purchase? "" - not unreasonable at all in my view - hers is the problem - she does not have "clean title" - this issue will raise its ugly head over and over until she gets it sorted out.

Rimo2021

fatblokexl wrote:

are we unreasonable in asking the seller to do all legal title changes at her own expense before we commit to purchase?

Not unreasonable at all. Your offer was based on the driveway being private and it's not. Seller needs to either make it private (at his/her trouble and expense) or you should drop the value of your offer accordingly (if you are prepared to live with the driveway not being private) or walk away.

jamminjamaica

no it is not unreasonable. the seller knew this at the time of selling to you. she should have disclosed all the facts.

fatblokexl

so far, her response has been a no and is putting the house back on the market.
we are giving her a deadline to conform or we walk.

fatblokexl

she still says no so we are now walking and are going to look for a house with no communal isses

RHemmings

clutton wrote:

""are we unreasonable in asking the seller to do all legal title changes at her own expense before we commit to purchase? "" - not unreasonable at all in my view - hers is the problem - she does not have "clean title" - this issue will raise its ugly head over and over until she gets it sorted out.

Why would other flats agree to the change of title? If I owned a flat, and someone else in the building asked me to sign away my part ownership of a drive-way, I wouldn't want to do it.

fatblokexl

the driveway is on one side of the property (the side the wanted flat was on) and was overlooked by that flat only.
as the area was communal, every flat was responsible for its upkeep, even if they did not use it (there is also allocated parking for each flat).
why pay for something you do not use?
why not part with your share and get someone else to foot the legal bil fot the changes.

that was our reasoning behind the move.