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Does a solicitor have the right to contact lender regarding shared driveway?
cacoyle45
Posts: 4 Newbie
Hi
just a quick one really - i hope! We have been trying to purchase our house and have all the finances arranged only to meet with the solicitor and find that she has an issue with the shared driveway.
I spoke with a potential neighbour who bought not that long ago and she told me that her solicitor made her aware of it and that as long as she was happy and that her insurance covered her they would proceed.
The problem is that my solicitor says that she is going to contact our lender and that they will pull the plug. What i am wondering is that does she have to? i am happy to proceed, surely as long as she covers herself all is good?
Here was me thinking that she was working on my behalf!
Thanks for any input and by the way this is in NI
just a quick one really - i hope! We have been trying to purchase our house and have all the finances arranged only to meet with the solicitor and find that she has an issue with the shared driveway.
I spoke with a potential neighbour who bought not that long ago and she told me that her solicitor made her aware of it and that as long as she was happy and that her insurance covered her they would proceed.
The problem is that my solicitor says that she is going to contact our lender and that they will pull the plug. What i am wondering is that does she have to? i am happy to proceed, surely as long as she covers herself all is good?
Here was me thinking that she was working on my behalf!
Thanks for any input and by the way this is in NI
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Comments
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what is the issue with the driveway?0
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I imagine that if the mortgage provider weren't informed you might both be committing mortgage fraud.Note: Unless otherwise stated, my property related posts refer to England & Wales. Please make sure you state if you are discussing Scotland or elsewhere as laws differ.0
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i think there was an issue regarding responsibility for maintenance and liability - she is still in dialogue with the vendors solicitor who also happens to be the developer so im hopeful they can sort something out in the deeds but just wondering what to do in worst case scenario!
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Your solicitor, in most cases, is also acting for the lender and disclosure of something which may adversely affect the title, or the physical security is routine.I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.0
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As Kingstreet says, the solicitor is also acting for the Lender (who is their client too) and not only has the right, but has a duty to inform them, as a client, of anything of a potentially adverse nature.0
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Sorry to interfere with your house buying. I know it's hard when you have found a house you love. But in my experience, any form of shared property is a nightmare. I've seen it with alleyways between terraces that no one wants to take responsibility for, shared driveways etc. Usually always causes trouble! Even when you buy it if the current owner is ok about splitting costs etc, they could move at any time.I'm never offended by debate & opinions. As a wise man called Voltaire once said, "I disagree with what you say, but will defend until death your right to say it."
Mortgage is my only debt - Original mortgage - January 2008 = £88,400, March 2014 = £47,000 Chipping away slowly! Now saving to move.0
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