Is there a legal solution for a landlocked property?

getmore4less

eloy7 wrote: »

Yes, it is repossessed. The mortgagee is offering the house for sale. The yards are owned by the previous owner, and probably he does not wish to sell them, instead he should be interested to buy the house for nothing.

I thought it would normally be quite hard to separate title without the lenders permission.

Second thought.

If the lender knew this then (depending on the debt) it would probably be more beneficial to bankrupt the current owner rather than repo as that way they get access to the ransom strips.

If the split was after the charge was on the property then there seems to have been a major error somewhere.

If the lender only put the charge on the house(prior split) their solicitors messed up.

Not sure if this is worth the effort in the hope of getting a bargain.

Needs a lot of research and a good solicitor.

freeisgood

Pay the neighbour a sum to build a front door into the corner of his frontage,(directly next to your property) and create an enclosed porch to enter into the "side" of your house via another door. Neighbour loses a small "boxed out " corner of his sitting room, and gains a tidy sum of cash
:P

moneyistooshorttomention

getmore4less wrote: »

I thought it would normally be quite hard to separate title without the lenders permission.

Second thought.

If the lender knew this then (depending on the debt) it would probably be more beneficial to bankrupt the current owner rather than repo as that way they get access to the ransom strips.

If the split was after the charge was on the property then there seems to have been a major error somewhere.

If the lender only put the charge on the house(prior split) their solicitors messed up.

Not sure if this is worth the effort in the hope of getting a bargain.

Needs a lot of research and a good solicitor.

Making Mr Awkward bankrupt could work - if he's single. If he's married - he might wheedle through hanging onto those gardens by putting them in the wife's name.

***********

Still thinking its worth OP investigating this situation thoroughly and thinking "Two can do lateral thinking - if Mr Awkward can then I can too" and there might be a way to get through this and bag a bargain. But it will take a fair bit of research (ie by anyone other than the adjoining neighbours).

Bearing in mind that I understand trespass is only a civil offence (provided no damage is done) then I am guessing its physically possible for OP to walk through his shoulda-be gardens to get to and from the house. Once in it - being well up on that "easement of necessity".

The house does look unmortgageable until this is solved - but if OP has the money to do without a mortgage and patience etc to take on a fight then maybe....

Alarae

I work on the repossession side as that person in the background telling the agents how to market the property. It is likely in this situation we may not have been aware the property was landlocked until it is brought to the attention of our solicitors by the purchasers solicitors. It happens often, the bank's solicitors assumes the gardens would have been included unless it was specifically stated on the title deeds of the main property (which sometimes it isn't, and requires more delving into).

The bank's solicitor will not investigate solutions to the problem. They will state the facts and say it is up to the Purchaser to take a view on it. It may be they will advise there is an 'implied right of way' to the property for use and provide an absence of easement indemnity policy. There is no way they would make contact with the owner of the gardens... Especially if it is the previous owner of the house itself.

You will probably find if you withdraw from the purchase they will change the marketing to cash buyers only for a while. Failing to obtain a further sale here, presumably at a reduced price, will get the property sent to auction.

Properties with legal problems are not resolved by the bank usually. They are offered on a sold as seen basis, if no one is interested then it goes to auction.

Red-Squirrel_2

G_M wrote: »

For the record, we have gardens over here. Front and back.

A yard is where we keep trains. Or a cobbled area surrounded by stables. Or a place where old cars (roof tiles, old railway sleepers etc) are piled up after death ready to be recylcled......

Or...if you live in the north of England, a yard is a small paved area either at the front or back of your house. Usually found with rows of terraced houses and usually where the outside toilet used to be.

Think Coronation Street, Jack Duckworth kept his pigeons in the yard!

cloo

I'd just walk away from this. There is.... uhm, just about every other property in the entire country that doesn't have this problem and I personally wouldn't make it mine!

Freecall

Red-Squirrel wrote: »

Or...if you live in the north of England, a yard is a small paved area either at the front or back of your house. Usually found with rows of terraced houses and usually where the outside toilet used to be.

Think Coronation Street, Jack Duckworth kept his pigeons in the yard!

Yards must be so straightforward.

As I sit here looking out across our sun-terrace to the patio beyond, I wonder whether the garden needs some attention. The lower lawn which sits just in front of the ha-ha looks well kept but the stable yard now appears somewhat uncared for.

I have been wondering whether or not an arbour is needed to set off the deck which we had installed last year and which sets off the hortus to such good effect.

The arboretum is already showing signs of seasonal change which means that I will soon be able to see the springfield beyond along with the rest of the estate.

Fortunately I see no ransom strips.

Mallotum_X

If the house is mortgaged, then presumably it was bought with a mortgage?

If so then the mortgage would have covered all of the property at that time, house and gardens. If the owner subsequently split the property up into 3 sections then he would have needed the mortgage companies permission... unlikely to have been granted, or potentially the mortgage in reality is still in place.

Worth exploring that as it may be the mortgage co does in fact have a charge over everything despite the old owner thinking he was being clever.

maninthestreet

Why did the EA volunteer this information to a prospective buyer, as it's virtually guaranteed to kill any sale of the property?

Mallotum_X

maninthestreet wrote: »

Why did the EA volunteer this information to a prospective buyer, as it's virtually guaranteed to kill any sale of the property?

It couldnt be hidden so will come out before completion. Whats the point in having a buyer lined up only for them to pull out. The agent knows this is potentially a specialist sale, so they need to find a buyer that can deal with this. without resolution on access it may be that this is an unmortgageable property.