self build mortgage - bank won't accept easement

Gettin256

Hi everyone, hoping for some advice. We're applying for a self build mortgage. The land was gifted but the site is down a lane off the road. Both progressive building society and bank of ireland are saying they will only give us a mortgage if we own the lane and it's part of the deeds of the house. We suggested an easement which would be on the deeds giving access rights to the house but without ownership. Both lenders won't accept an easement but we have legal advice saying that they have to.
Unfortunately with the self build market being so small we only have a limited number of options.

Any advice on how we handle this would be much appreciated. If any more information is needed, please let me know!

Thanks

Dave_Ham

Are you in Northern Ireland?

27col

When I built our house in 1977 there was a shared drive with next door. I seem to remember that getting proven right of way onto the deeds was essential before we got a mortgage. It took quite a long time to sort it all out legally.

Thrugelmir

Gettin256 wrote: »

Both lenders won't accept an easement but we have legal advice saying that they have to.

Lenders set the terms of business. The applicant doesn't dictate terms to them.

Gettin256

yes in northern ireland, we're happy to arrange the easement which would mean the right of way would be in the deeds but didn't want to spend the money on it until we knew it would be accepted. Now that it isn't ebing accepted we've no idea what our next option is

getmore4less

Do you/land gifter currently own the land that forms the drive?

Gettin256

nope a third party owns the lane. They are happy to formalise right of access which the family have had for years anyway but they are unable to sell us the lane

getmore4less

Should the title to the land not already have rights of access included.

Gettin256

It goes back over 100 years and was never formalised. We tried a statutory declaration confirming that there had always been access.