Offer Accepted in April, Still arguing with neighbors...

eddddy

Rebecca_1988 wrote: »

I asked my solicitor to speak with the mortgage lender to see what affect if any no car access at the back would have on our LTV, they said they cannot go back to the Lender without hard facts for just an estimate...

That isn't really the solicitor's job. You should contact the lender/broker - and just tell the solicitor what you have decided, and he will the proceed.

Ozzuk

I think it really depends how much you want the house. You may not even have legal access to that playing field if the council decided to fence it for instance. Are other neighbours using similar land for parking?

As said, your solicitor works for you, I wouldn't be raising it with the lender as it may change their decision to lend. I'd weigh up the risk of losing it as parking against how much I wanted the house and if I was happy with risk I'd instruct solicitor to proceed on that basis.

I did something similar years ago and its caused huge issues since, but it's a risk you take.

Rebecca_1988

Thanks for the reply - I have spoken to the vendor and he has said he would just sell me the property without the land.
This isnt an option for us. It about doubles our garden and there is no way we could afford to buy it separately.

We desperately want the house, we are racking our brains and going slightly out of our mind trying to think of a way around this. If the way around it. At the moment we are stuck on, buy it with the land, with no definite access, and sort out access issues at a later stage....

I'm still waiting to hear back from my solicitor still to see if this is even an option?! As they are posing no new options to us. And we are seemingly having to think of any new ideas ourselves.

The most important thing to us right now is to be in ASAP.
We are not going sell the land to anyone. And cannot afford to buy it at a later stage.

Access is definitely a secondary thing, but desirable to have for when we move on in the future...?

I am still trying solicitor, nearly time for my hourly phone call to be greeted with sighs from the receptionist!

Rebecca_1988

Hi Ozzuk

Thanks for your reply, there are approx 30 cars using the gravel pathway, but we are using the full and total length of it. (being furthest from entrance)

We have asked the solicitor to resolve in a timely manner but they are adament they need to submit all the indemnity insurance and statutory declaration from previous land owner to the lender? I do not really know a reason why? (trying to obtain at the minute)

Rebecca_1988

Hopefully this will clarify?

Red is the house and original land, light blue is the addtional land he has purchased from dark blue and purple is the access path

TBagpuss

I would guess that the reason the declaration is needed is that the seller owns the land, but not the access to it. If there is no right of way over the access then they want to establish that the land you are buying has the benefit of a right to use the access route - 3 years is not long enough to establish such a right - I think you would normally need to show that the access route has been in regualar use without any attempt by the owner of the land to prevent it, for at least 20 years.

If you don't get the declarations, then the risk is that you might lose the right to access the land (except via your own house and garden)

If that is not an issue for you then you could instruct your solicitors to go ahead without the declarations, but they would have to report to your lender if they believe that this is likely to reduce the value of the property you are buying.

Rebecca_1988

Thanks TBagpuss - I think that is what we will end up doing.
Spoken to the receptionist again for 6th time today, only one person in the whole office can deal with this issue and he is in meetings for the rest of the day now.
I will see what they say tomorrow!
Wish us luck!

eddddy

Rebecca_1988 wrote: »

Thanks TBagpuss - I think that is what we will end up doing.
Spoken to the receptionist again for 6th time today, only one person in the whole office can deal with this issue and he is in meetings for the rest of the day now.
I will see what they say tomorrow!
Wish us luck!

Hi Rebecca_1988

I think you need to take the hint. The solicitor doesn't want to talk to you - because he's the wrong person to ask. I think you're in danger of souring your relationship with your solicitor.

If I'm reading the thread correctly, your question is "Will the bank down-value the property because of the access problem? Or perhaps decide it is completely unmortgagable?"

The person who will decide this is the bank's valuer. So ideally talk to the valuer.

Failing that, talk to your mortgage broker (or the bank if you're applying direct).

But the answer may well be "submit the application and wait and see".

Your solicitor won't know the answer.

dd243

eddddy wrote: »

Hi Rebecca_1988

I think you need to take the hint. The solicitor doesn't want to talk to you - because he's the wrong person to ask. I think you're in danger of souring your relationship with your solicitor.

If I'm reading the thread correctly, your question is "Will the bank down-value the property because of the access problem? Or perhaps decide it is completely unmortgagable?"

The person who will decide this is the bank's valuer. So ideally talk to the valuer.

Failing that, talk to your mortgage broker (or the bank if you're applying direct).

But the answer may well be "submit the application and wait and see".

Your solicitor won't know the answer.

The solicitor should be forthcoming and say that, however I get the impression they have not.
If they had there would be no replies suggesting such.

Asking to proceed regardless of the declaration or the confirmed right of way would appear to be the only option.

piglet25

I personally would think about changing my solicitor as I don't think that communication is their strong point.