Most incompetent solicitor ever...worst of all it ours!!!!

filbrit

Hi there

I was hoping to get some advice as to whether or not our solicitor is being unreasonable or just dont know what they are talking about.

Basically we are buying a terraced victorian property. At the back of the house we have an right of access to use the footpath at the rear of the house dwelling of our neighbors property if ever we want to use it to bring out bins, walking dogs etc.

Now the issue

The said burden of easement/ right of access is on the title deed/land registry of our neighbor which clearly states that the property we are buying "property known as Number XXXXXX to use the footpath at the rear of the dwellinghouse hereby conveyed"

It has always been on the neighbors land registry title when the vendors bought the property and goes back to whoever owned the property we are buying.

Our solicitor insist that it should be added on the title register of the property we are buying. The burden of easement/access is not on our property and I do not understand what benefit it gives us other than unnecessarily delaying exchange/completion. Our right of access does not change whether it is on our deeds or on our neighbors.

Our vendors are livid as they have been really helpful and always gave replies quickly but we do understand their frustration as we are personally happy to have the right of access to the rear on the title register of the neighbours property as the burden is not our the property we are buying but the neighbors.

In short there are insisting to fix something that is not broken or trying to find issues when there is none.

Does anyone ever had the same experience? Is there any way we can convince our solicitor to stop chasing this issue?

many thanks

PasturesNew

Are you paying for the house yourself, with cash? If you are then you could insist on going ahead and doing that afterwards..... if you've got a mortgage they might be working in their capacity of protecting your interests and protecting the interests of the mortgage company.

Doing their job properly (but not how you want them to do it) isn't incompetence. Incompetence would be ignoring it and letting you have a problem in 5 years' time when the neighbours build over it and refuse you access.

zarf2007

filbrit wrote: »

Hi there

I was hoping to get some advice as to whether or not our solicitor is being unreasonable or just dont know what they are talking about.

Basically we are buying a terraced victorian property. At the back of the house we have an right of access to use the footpath at the rear of the house dwelling of our neighbors property if ever we want to use it to bring out bins, walking dogs etc.

Now the issue

The said burden of easement/ right of access is on the title deed/land registry of our neighbor which clearly states that the property we are buying "property known as Number XXXXXX to use the footpath at the rear of the dwellinghouse hereby conveyed"

It has always been on the neighbors land registry title when the vendors bought the property and goes back to whoever owned the property we are buying.

Our solicitor insist that it should be added on the title register of the property we are buying. The burden of easement/access is not on our property and I do not understand what benefit it gives us other than unnecessarily delaying exchange/completion. Our right of access does not change whether it is on our deeds or on our neighbors.

Our vendors are livid as they have been really helpful and always gave replies quickly but we do understand their frustration as we are personally happy to have the right of access to the rear on the title register of the neighbours property as the burden is not our the property we are buying but the neighbors.

In short there are insisting to fix something that is not broken or trying to find issues when there is none.

Does anyone ever had the same experience? Is there any way we can convince our solicitor to stop chasing this issue?

many thanks

unless your solicitor is also representing your lender and they are pushing this then order your solicitor to ignore this issue. They work for you, if they say no tell them you will withdraw your business.

tom9980

I am with your solicitor frankly, these kind of issues can cost serious money to sort if it all goes pear shaped. The are not being incompetent! that much is clear to me if not you.

I have a family member who has right of way across land of someone they have known and got on well with for 30 years the guy outright refuses to allow them to reinstate a track that has disappeared from 100 years of neglect, and to clarify the RoW has been used despite that to this day. They are completely stuck now and have no choice but to either accept the situation or annoy a long standing neighbour and go to court to assert their rights.

Your solicitor could save you a lot of hassle.

bouicca21

Further downn the road from me are a set of Victorian maisonettes that all have right of way along the back of their gardens. The entry is now blocked by the owner of one maisonette having put a building there. There doesn't seem to be any way of making them demolish it, short of major expense, so what is the point of having a ROW mentioned on the deeds?

brenda10

PasturesNew wrote: »

Are you paying for the house yourself, with cash? If you are then you could insist on going ahead and doing that afterwards..... if you've got a mortgage they might be working in their capacity of protecting your interests and protecting the interests of the mortgage company.

Doing their job properly (but not how you want them to do it) isn't incompetence. Incompetence would be ignoring it and letting you have a problem in 5 years' time when the neighbours build over it and refuse you access.

Very good advice

If that problem is not sorted it will create problems+++++++

Land_Registry

I assume that this thread and https://forums.moneysavingexpert.com/discussion/4954038 are both related

Lilly_RW

How odd, we're having a similar issue with our purchase also. Our solicitors have advised that we get the deeds to the house amended to allow passage to our house or we'll end up Landlocked (Long story short, our village has taken control of the 'Village Green' from the council and the boundaries go right up to our house. Other houses on the terrace are in the same situation but no one knows!)

So we can't exchange until this is done I think its necessary though otherwise we're at the behest of the Village Parish and if they change the access rights then we could be screwed in years to come. Its just a pain as we're itching to get in!

pivotalgubbins

Pretty pathetic thread title and rant to be honest - very clear that the solicitor is doing his/her job and you have been unable to sit down and sensibly discuss the problem and, more importantly, the options available to you (or the consequences of any actions).

zzzLazyDaisy

Something similar happened to me on the purchase of my current house. Being a retired solicitor myself, I immediately saw the potential future hazards and refused to exchange until the title deeds had been amended along the lines as advised by your solicitor.

As others have said, he is doing his job and potentially saving you from considerable inconvenience and expense in the future when you come to sell the house, and your buyer's solicitor raises the issue.

princeofpounds

I think its necessary though otherwise we're at the behest of the Village Parish and if they change the access rights then we could be screwed in years to come. Its just a pain as we're itching to get in!

If you have had access for many years without a license then you are likely to have acquired an easement anyway?