House sale - septic tank queries/requirements

pineapple

On the point of contract exchange and we have received yet more queries from the purchaser's solicitor.
I live in tiny hamlet with a communal septic tank in an adjoining field which is owned by the local farmer.
The deeds show right of access for maintenance and repair subject to making good any damage to the land in the process. However there is no defined access route.
Contractors etc tend to use the shortest route from the lane to the tank which is close to edge of the field - 20 yards or so. Been here 10 years and some people over 20 years and it has never been an issue.
However I have been asked to provided 'satisfactory evidence' of a defined right of way and if not, pay for some form of insurance for the purchaser. I'm guessing some form of indemnity insurance probably with an annual cost?
This is just the final straw after a long line of straws.. I really can't do with any more expense and just feel like saying no. It's never been an issue for any of the other residents including two recent house sales.
Is it a reasonable request do you think?
Thanks

TrickyDicky101

Indemnity insurance is more likely to be single premium - your solicitor should be able to advise.

At the end of the day it will come down to how much you want to sell the place - you can play hardball and refuse but be prepared to re-market your property.

pineapple

The purchaser really wants this place and has already sold most of her furniture to downsize into mine. Apart from which she's a mate of said farmer! Plus no other resident here bought with that requirement.
I'm inclined to take my bat and ball home and say no. I will re-market the house in the spring if necessary. It's not as if I have a purchase planned.

martinthebandit

pineapple wrote: »

The purchaser really wants this place and has already sold most of her furniture to downsize into mine. Apart from which she's a mate of said farmer! Plus no other resident here bought with that requirement.
I'm inclined to take my bat and ball home and say no. I will re-market the house in the spring if necessary. It's not as if I have a purchase planned.

Then there's your answer.

Its not ' taking your bat and ball home' its negotiating and as you seem to be in no hurry to sell you are in a strong position, the buyer (or more likely the buyers solicitor) needs to realise this.

pineapple

Thank you Martin.
I'm at the end of my tether what with this and other requirements and requests for paperwork received today just before exchange. Maybe she is just doing her job but this solicitor is like a rotweiler. I'll swear she will want to know what I had for dinner next.:(
I agreed a sale in the pre Christmas slowdown and the purchaser knows she is getting a very good deal. Sob...
Have a great New Year and thank you so much for replying.

G_M

pineapple wrote: »

The deeds show right of access for maintenance and repair subject to making good any damage to the land in the process......

However I have been asked to provided 'satisfactory evidence' of a defined right of way.....

"Please refer to the deeds. The seller is unable to provide further documentation."

Sit back and wait.

Hoploz

Sounds like it is the buyer's solicitor making the demands rather than the buyer herself.
I had a similar thing where my buyer's solicitor suddenly insisted on a boiler service on what should have been exchange day. Many frantic calls to and fro with solicitors and EA ensued. EA said the seller said he was not bothered but that his solicitor 'recommended' it, therefore he was taking her advice.
Try and do as GM suggests, if you're happy either way. I suspect the next buyer may come up with the same query anyway.
But if you want things to move there's probably a (totally pointless) piece of paper indemnity policy that can be arranged to cover it. That seems the modern trend for dealing with anything these days. It will likely just be a one-off payment, which either you OR your buyer can pay for.

Pete9501

Yes, yes, yes but what we really want to know is what he had for dinner

pineapple

Thank you everyone for responding. Please have a great New Years Eve :T

princeofpounds

This sounds excessive to me. You have right of access for maintenance. I've never seen a clause which defines a specific route for such a right. It doesn't matter where it is, or if it changes over the years, but one has to be provided and it has to be suitable for purpose.

pineapple

I've just asked the most recent property buyers here including one who moved in a couple of months back and their solicitors were quite happy with the simple right of access. No other residents have ever encountered this need for a defined route to be shown on the plans either. I'm thinking this solicitor is just a bit of a jobsworth and maybe not as clued up as she should be. She is even expecting to see planning permission for my roof repairs, the new bathroom suite !!!!!! and the small porch that was here when I moved in 10 years ago (and which wouldn't have needed permission anyway).
:mad::mad::mad::mad::mad::mad::mad: