Buying House - solicitor says shared driveway makes it a problem??

cacoyle45

Hi guys - so hope someone can give me an idea as to what to do here!

Basically after having fought with the bank i am at the stage where my valuation has come back ok and my mortgage offer has arrived - great i thought.

Today i went to see my solicitor for what i expected to be a case of merely setting a completion target etc but she said that having looked at the registry info that there is a shared driveway that runs along 5 houses, including the one i am looking to buy.

The problem is that there is no stipulation as to who is responsible for the driveway, i think it used to be a management company which has since dissolved. I spoke to some of the people on the street and they said that yes the driveway is shared but that the DOE come and collect bins, sweep and clear the drains - although as to whether this is formally documented is another story.

My solicitor has basically said that if this is shared its "transaction over" and that my lender will not sanction the purchase, but surely this cannot be right as obviously others have bought their homes here - and one that i spoke to did so after the management co went bust. She did say that her solicitor made her aware of it and she checked with her insurance company who advised her that she was insured.

Can someone let me know what way i should approach this? we really want this house and our offer will expire on jan 2nd so we are on a tight time scale.

Thanks in advance

C

BobQ

There are many houses that have shared drives that were owned by management companies or original builders etc.

Usually the registry record makes it clear if you have a right of access or partial ownership or joint ownership of the land. If it does not mention ownership or right of access it may affect the value of the property. Suppose you were denied access to this land by its owner. What impact would it have? What rights do you have?

So she may be right that your lender will not advance the loan unless its status is clarified and this is for the present owner to arrange.

Why not ask the lender the question?

Mickygg

Even if your mortgage company approve this may cause issues in years to come. If no one owns or repairs what happens in 20 years when deep pot holes appear?I wouldn't buy unless documented and owned by a management company or residents association.
I looked at a lovely house 6 months ago. Walked away when saw road was awful leading to the cul de sac as no one paid to maintain it.

G_M

Who actually owns the drive? The term 'management company' implies either a company employed by the freeholder of the land to maintain it, or a company set up by the joint freeholders (often the owners of the adjascent houses - including yours?).

Do a search of the LR for £3 here (click the small 'map enquiry', NOT an address search via the house number)

And who went bankrupt? Was it the freeholder's management company who went bust, or was it perhaps the original builder/developer, who is the freeholder, and who appointed the management company?

missile

I would not want a shared drive and would look elsewhere.

If you really want to proceed, employ a.n.other solicitor.

Thrugelmir

cacoyle45 wrote: »

She did say that her solicitor made her aware of it and she checked with her insurance company who advised her that she was insured.

Against what?

Repairs due to normal and tear do not constitute a claimable event.

namecheck

missile wrote: »

I would not want a shared drive and would look elsewhere.

I agree. Personally I would avoid any property with shared access, even if a management scheme was in place.

G_M

namecheck wrote: »

I agree. Personally I would avoid any property with shared access, even if a management scheme was in place.

Purely a matter of personal choice.

There are thousands of properties with drives that are shared in some way or another. What matters is clarity in who owns/maintains them, and a reasonable working relationship between the parties involved.

You might as well say " Personally I would avoid any property with a shared building (ie a flat!), even if a management scheme was in place".

But there are possibly more people living in flats in Britain than there are in houses.Matter of choice, and cost.

namecheck

G_M wrote: »

....What matters is clarity in who owns/maintains them, and a reasonable working relationship between the parties involved.
....

But this is the potential problem.

Even if there is clarity on ownership and maintenance, one is still dependent on "a reasonable working relationship between the parties involved". Neighbours can, and do, change, for better or worse.