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

Rebecca_1988

I think I have spoken to the solicitor (in question, the only person who can deal with it) twice in the whole process...
Please bear in mind this is since April.

We as the buyers, trawled the internet for advice etc and suggested the indemnity insurance and contacted the seller directly who organised this, thinking this may of been a way around?

We have suggested all ideas and options in regards to ways in which we can do this?

Out of interest does anyone know what would happen if the person you needed to get the Statutory Declaration from was dead? Or not in contact with current owners? Or moved abroad???

Since the 1st of this month, we and the seller have become frustrated that it has been dragged out this long and our solicitors do not seem to be communicating with each other. Mainly our solicitor to theirs.

Personally I have contacted the seller, the solicitor and the estate agent at least 3 times a week since the 1st of July. The estate agent and solicitor do not seem to respond, however the seller responds and lets me know what is happening from his side.

I wish we had just been advised that this neighbor was uncooperative from the start and then we could of gone from there then, but it seems like 4 months in, it is like new information to light!

I will be asking to proceed regardless and hope I do not come into some sort of dispute with her over it when we have moved in - But I guess, as mentioned above. Only time will actually tell.

Rebecca_1988

piglet25 wrote: »

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

Hi Piglet, We have paid for various searches etc and fees upfront, as per our agreement.
We would lose out on that extra cash and although we have the savings to change solicitor, we would prefer the nicer sofa and the unforeseen things we haven't budgeted for.

Unfortunately they were recommended as well... What a joke.

franklee

I think you should talk this over with your surveyor. Usually they're happy for a follow up phone call after the survey to clarify any points. I'd be asking him what difference the lack of rear parking will make to the value of the property. If it's not much difference in value then you could go ahead anyway. If it's a lot of difference then use this information to renegotiate the price. Even if this advice doesn't fall within the survey it shouldn't be too expensive to pay the surveyor for the extra advice. Then you can instruct your solicitor how you want to proceed. Is there parking at the front? If so it may not be too bad. Also are there other neighbours that can sign to say they use the access road and would that lessen the problems?

If I was the neighbour wanting to buy the land back I wouldn't sign anything either. Perhaps they are hoping if the sale falls through they can buy the land and then the builder remarket without the land. I'm surprised the builder isn't thinking that way if he can get the neighbour to pay enough for the land.

Lord_Baltimore

I would want that parcel of land whether I had vehicular access to it along that track or not. It is a highly desirable part of the property and available to you within the purchase price. If I could not park a car there, I would live with that and enjoy a huge garden for my kids with access to a playing field.

The car can go in the road. The neighbour can go whistle unless he offers you a premium price in future to buy the land and, depending on how nice a neighbour he is, you may or may not want to sell it to him.

It would put me off buying that house if that section of the land was owned by someone else rather than whether or not it was a usable parking space.

However, the road is an accessway and that should apply to you too if you contribute to its upkeep.

Rebecca_1988

Thanks Lord Baltimore - We are thinking along the same lines to be honest. I'm waiting to hear back from the solicitor first, to see if any alternatives, then if not I will ask to proceed without vehicle access. I don't think it would knock too much off the house price (Although I have little to no idea??) as the parcel of land is still desirable.


Franklee - The survey was done through the bank, so we have no access to solicitors number, I have tested the water with the vendor of the property to ask if potentially devalued would he meet us at a happy medium, the answer was, without question - no. This is because he has already put in an offer and is ready to exchange contracts on his next property. He is just waiting for us I presume.

DRP

Rebecca_1988 wrote: »

Thanks Lord Baltimore - We are thinking along the same lines to be honest. I'm waiting to hear back from the solicitor first, to see if any alternatives, then if not I will ask to proceed without vehicle access. I don't think it would knock too much off the house price (Although I have little to no idea??) as the parcel of land is still desirable.


Franklee - The survey was done through the bank, so we have no access to solicitors number, I have tested the water with the vendor of the property to ask if potentially devalued would he meet us at a happy medium, the answer was, without question - no. This is because he has already put in an offer and is ready to exchange contracts on his next property. He is just waiting for us I presume.

Did the bank also organise the homebuyers survey?

Ring your bank, and find out contact details for the surveyor/valuer and just give them a ring. I did this and they were veru happy to talk to me about specific scenarios.

Rebecca_1988

This is a good idea, I will give them a call now and ask about this scenario!
My solicitor has just called me and said worst case is we will have to go back to the lender and declare no right of way access at the back and the indemnity does not get around this etc etc etc...

Gutted
our new amount we would be able to borrow is half the amount if we had to reapply. Not good! x

Rebecca_1988

I've called the surveyor to no avail, they have said they are unable to let us know if it will affect the value significantly or not as it is a legal matter and needs to all be reported to our lender and then sent on to them.

patman99

Is there no legal way your solicitor could issue a letter giving the neighbour 28 days to sign the requested paperwork or it would be deemed that it was signed automatically?.

At a guess, I would suggest the neighbour wants the land back due to wanting to renovate their own property. The land would give them access to store materials and place a skip without using the road outside their house.

DRP

Rebecca_1988 wrote: »

the current owner (M) who we are buying the property from, brought some land when he first moved in off a neighbor, this was all done legally and his name is on the land.

I don't see the issue here (or i'm missing something - quite possible )

The land in question is owned by the vendor - all above aboard.

Access to it is not a problem (through the house and then the original garden). The only 'issue' is the rear access to the garden (via the lane). Does an extra access route really add value?

Our house has a plot to the rear which was bought from a neighbour years ago (it is registered under a separate title and was sold to us along with the house).

There is no access to it (just like there is no 'official' access to the vendor's land).