Public Right of Way query delaying house purchase

rapidtornado

We are close to completion on the sale of our house. During the searches on the property we want to purchase, the 'Definitive Map' at the council has flagged up a public right of way (PROW) that crosses part of the garden even though in reality the PROW skirts the boundary of the property... Apparently definitive map is the legally binding PROW regardless of the path physically being in another location
The owner of the house we wish to purchase will likely to have to apply for a diversion order with the council which can take 9M+ (or more!)
The owner is in a position to move out as they have just built a new property which is finished so in effect it is vacant but we cannot purchase it :mad: as the mortgage company is unwilling to lend with PROW query unsolved... Makes sense but frustrating

So...
The questions is.... Could/should we rent the property (for a nominal fee) Until the PROW diversion order is resolved then purchase when it is sorted? ... Or are there any practical or legal risks to this approach? Chances are diversion order is likely be granted but the process is difficult to expedite.

davidmcn

The main risk from the seller's point of view is that you move in and then don't complete (or try to gazunder them while sitting in their house). They then have hassle of evicting you before they can find another buyer. The seller would also have to deal with all the issues involved in becoming a landlord (consent from lender, different insurance, gas checks, tax, etc). And why would the rent only be nominal?

How badly located is this right of way? Is switching to a more flexible lender an option?

PasturesNew

It'd be quicker/easier to reinstate the proper/legal PROW. Get a spade and get shovelling.

G_M

How long has the physical route been as it now is? Is this long established? Who uses the ROW? Do users happily follow the existing route?

Chances are no one cares about the map route - they'll just follow the path. and chances are no one even knows there's a discrepancy?7

Or is there some dipute locally about the route?

What's the worst that could happen? the path gets diverted through the garden? Is it a well-used ROW? Does the route go through the middle of the garden? Big or small garden?

moneyistooshorttomention

Is the mortgage company concerned because there is a ROW in the garden (ie about the reduced value of the house because of it) OR is their concern because there is a row about the ROW?

If there wasn't a row about the ROW would the mortgage company lend you the money as agreed - and you could go ahead and buy the house with the risk that you wont be able to get agreement to the ROW being moved (ie being changed from where the definitive map says it is)?

If you couldn't get the ROW moved - then would you still want this house?

Zanderman

Have you tried discussing this with the RoW officer at the council?

An informal chat with them might solve the problem instantly - if they agree that the definitive map is not quite correct and established practice is to go round the boundary.

And if they don't agree that they can give you firm advice on timescale and likelihood of a successful diversion request.

societys_child

Humm, wander who brought this to the attention of the mortgage company . . ?



Sorry, I meant wonder who

rapidtornado

Thanks all for your comments and advice.

The PROW was identified when our Solicitor ran full searches, the mortgage company are concerned that in the event that I couldn't keep up my repayments the house would not only be devalued but would also have the same delay.

As for location and practicalities of reinstating the PROW as per the map then the existing garden which has been landscaped very nice would need major surgery to allow the access as required.

We are hoping to get a meeting on site with the Council to see common sense will prevail and that the map can be amended by the 20 or so feet that needs to be done.

Fingers crossed...