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

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
«1

Comments

  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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
    zarf2007 Posts: 651 Forumite
    Ninth Anniversary Combo Breaker
    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
    tom9980 Posts: 1,990 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've helped Parliament
    edited 24 April 2014 at 10:02AM
    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.
    When using the housing forum please use the sticky threads for valuable information.
  • bouicca21
    bouicca21 Posts: 6,720 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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
    brenda10 Posts: 343 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    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
    Land_Registry Posts: 6,211 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    I assume that this thread and https://forums.moneysavingexpert.com/discussion/4954038 are both related
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Lilly_RW
    Lilly_RW Posts: 14 Forumite
    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!
  • 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).
    Personal ISA Contributions Challenge - current £0 (as at 1 April 2014) / target £15,000 (deadline 31 Mar 2015)
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    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.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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?
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