Unadopted road - repossessed new development

andie_303

We've now had a response from the mortgage company who will not let them but a clause in the contract which states the transferee (me) is liable for the road prior to adoption. They have asked that that clause be removed and this inserted

"The Transferor covenants with the Transferee that the Transferor will:

1. Construct the Driveway which gives access to the Property to the satisfaction of the local authority;
2. Maintain, repair and renew (if necessary) the Driveway and keep it in a good state of repair and condition until such time as it is adopted;
3. Indemnify the Transferee from and against all costs and expenses incurred in respect of the above."

Natwest have concluded that clause is "unduly onerous" to myself.

So back we go and wait to see what their solicitor says - the funny thing is that my lender is Natwest who will not allow this clause - the seller who has put in that clause is RBS....who owns natwest!?! The words !!!! and elbow come to mind!!

hazyjo

Could you sell and find alternative accommodation temporarily? At least it'll take the pressure off, and you won't make the wrong/rash decision.

I'd be very worried about adopting a road on an unfinished (well, potentially unfinished) development. I would definitely be thinking worst case scenario. What if the've laid it incorrectly, or there's not enough support and the road collapsed under their diggers/cranes/trucks... would you be responsible, or charged, or would liability go to whoever 'built' it? Potholes can appear overnight - what if someone falls? How much to repair? Just so many what ifs, I wouldn't quite know where to start. How many of you (or just you?) would be responsible for that particular road?

Sorry if asking things that have been answered, my head's struggling today.

Jx

andie_303

Thanks Hazyjo - those questions are exactly why our lender (who is essentially also the seller Natwest/RBS) will not allow this clause.

Furts

Hi andie. hazyjo is correct with his concerns - my comments. or thoughts are the same. Bear in mind I constructed two estate roads in 1987, they were not adopted until 2003. I constructed a new road from the centre of a Cotswolds town in 2003 - it has yet to be adopted.

Estate roads within one mile of my home are not adopted after five to ten years.

RBS will know of such scenarios- they do not want to have such liabilities.

andie_303

Thanks Furts - not saying those concerns aren't correct at all. As I put in post #12 our mortgage company will not allow us to buy this house that contained the clause that I would have to pay.

They have instructed our solicitor to ensure that this clause is removed and this put in its place

" The Transferor covenants with the Transferee that the Transferor will:

1. Construct the Driveway which gives access to the Property to the satisfaction of the local authority;
2. Maintain, repair and renew (if necessary) the Driveway and keep it in a good state of repair and condition until such time as it is adopted;
3. Indemnify the Transferee from and against all costs and expenses incurred in respect of the above."

Thereby saying the responsibility for the road will lie with RBS until such a time that the council adopt.

It's just ridiculous that RBS are trying to sell with this clause when their own company (Natwest) is not happy to accept it.