Buying a house - extension over right of way

ValHaller

Vazz wrote: »

Oh, our conveyancer claims that vendors will not agree with getting the ROW moved before completion as this will take a long time.
Conveyancer instead suggest to get a indemnity insurance instead. What would you do?

Yeah, they are beginning to wriggle. Yes, it would take a few weeks to sort out, but it is a pathetic excuse. What is the real problem? Presumably they don't want to get the council involved. In which case, beware.

Indemnity insurance is not watertight - if you have to approach the council about something and this matter comes up, the insurance may be invalidated.

In your position, I would be telling them that if it takes a long time, that is fine, so they should not waste time arguing. It certainly should not take longer than it would take them to find new buyers.

rpc

Vazz wrote: »

Oh, our conveyancer claims that vendors will not agree with getting the ROW moved before completion as this will take a long time.

In which case you move completion. Make it absolutely clear that either the ROW is properly moved or you won't be buying.

Your conveyancer doesn't sound terribly good - they seem to be on the seller's side more than yours! Suggesting indemnity insurance rather than regularising things at the land registry is usually a fob-off tactic used by sellers. I would expect your solicitor to lay out the pros and cons of each and recommend an option.

Davesnave

My purchase was to a pretty tight deadline, but the ROW was altered speedily.

Admittedly, the other party wasn't a council!

Vazz_2

rpc wrote: »

Your conveyancer doesn't sound terribly good - they seem to be on the seller's side more than yours!.

I guess this happens.. Ironically, I specifically did not want to use on-line company and went with a small firm that seems to be giving a competent advise on forums..

zzzLazyDaisy

Ivana_Tinkle wrote: »

The OP says the house next door is owned by the council.

Sorry I missed that point - but the council own the property as a social landlord - I would think there is pretty much zero chance of them agreeing to sell the ROW, as it is not the council that has the benefit, but the secure tenant and it is almost certainly written into the tenancy agreement.

OP, what is the ROW used for? The passage over your land is presumably for a purpose - taking wheelie bins to the road? accessing some communal area or communal entry? or is it an historical ROW - eg accessing outside lavatories that are no longer in use (fairly common in victorian terraces). Does the neighbour actually use the ROW? Not that it makes any difference to the legal position, but it might give an indication of how the council might view an application to move the ROW.

Personally I wouldn't take any notice of the vendors' refusal to deal with it. They may be right that it will take time, especially with the council being involved.... but it will take even longer to find another buyer, who may well raise the same concerns.

Vazz_2

zzzLazyDaisy wrote: »

Sorry I missed that point - but the council own the property as a social landlord - I would think there is pretty much zero chance of them agreeing to sell the ROW, as it is not the council that has the benefit, but the secure tenant and it is almost certainly written into the tenancy agreement.

OP, what is the ROW used for? The passage over your land is presumably for a purpose - taking wheelie bins to the road? accessing some communal area or communal entry? or is it an historical ROW - eg accessing outside lavatories that are no longer in use (fairly common in victorian terraces). Does the neighbour actually use the ROW? Not that it makes any difference to the legal position, but it might give an indication of how the council might view an application to move the ROW.

Personally I wouldn't take any notice of the vendors' refusal to deal with it. They may be right that it will take time, especially with the council being involved.... but it will take even longer to find another buyer, who may well raise the same concerns.

It is stated that ROW is for "all purposes properly incidental to the use and occupation as a private dwellinghouse to go pass and repass but on foot only over and along that portion of the common access way shown"

So far it is my conveyancer who is trying to influence me to accept the indemnity insurance from vendors. The vendors themselves have not made their decision yet. I am reluctant to accept conveyancer's suggestion and would rather walk away. But I want to talk with buyers directly first and try to convince them as a last resort.

It seems that ROW is rarely used and I do not have the problem with it. The issue is with a title defect which I cant accept.

ValHaller

Vazz wrote: »

It is stated that ROW is for "all purposes properly incidental to the use and occupation as a private dwellinghouse to go pass and repass but on foot only over and along that portion of the common access way shown"

So far it is my conveyancer who is trying to influence me to accept the indemnity insurance from vendors. The vendors themselves have not made their decision yet. I am reluctant to accept conveyancer's suggestion and would rather walk away. But I want to talk with buyers directly first and try to convince them as a last resort.

It seems that ROW is rarely used and I do not have the problem with it. The issue is with a title defect which I cant accept.

You instincts on this are the same as mine.

Sometimes indemnity insurance is the only way forwards because of issues which have become lost in the mists of time. But too often these days, it seems to be the easy way out of things which are 'too hard'.

In this case, the council should be willing to agree the change to the ROW. If they are not, then the reason why not will be a big problem.

Of course, it may well be that the vendors bought the property with the extension built (although you say they built it) and took indemnity insurance. In which case they will be reluctant to speak to the council. But if you buy it, you will have the same problem if you have a buyer who is like minded to yourself.