Problem buying our first home... Advice needed.

abillybob94

Hi Guys!

So we've been given some information from our solicitors. We don't really understand what it all means, our solicitor has said the documentation is still 'substantially defective'. These are the things he's listed in an email.

1. The plan attached to the contract cannot be used in conjunction with the transfer as it is not land registry compliant.

2. Clause 1.4 – the property is not subject to a right of way over the Driveway. This should be a right granted to the Transferee.

3. What are the means of the provision of services to the property? Presumably there need to be rights granted in this respect?

4. Please confirm the boundary responsibilities by way of the provision of a plan with “T” markings.

5. We note the property appears to benefit from the use of a septic tank. Please mark the location of this on a plan. If it is not located wholly within the boundaries of the property then appropriate rights will need to be granted and maintenance responsibilities set out.

6. We note the transfer as drafted reserves rights in favour of the owners of title numbers SL230289 and SL143601. Please provide official copy entries and filed plans relating to those titles.

Any help would be most appreciated, I don't know where to go with this next or whether anything can be done to resolve these issues?

Out,_Vile_Jelly

The vendor needs to provide the documentation requested by your solicitor or the sale can't proceed. They'll be in the same situation (unless they find a very reckless cash buyer) whoever they sell to so they're going to have to sort it out. Buying a property is slow and boring.

abillybob94

Thanks for that so is it quite easy and simple to get hold of this documentation or is this going to be a huge pain?

AdrianC

abillybob94 wrote: »

1. The plan attached to the contract cannot be used in conjunction with the transfer as it is not land registry compliant.

The map they sent, showing what you're buying, is lousy, and the LR will throw it straight back.

2. Clause 1.4 – the property is not subject to a right of way over the Driveway. This should be a right granted to the Transferee.

You don't appear to have any legal right to use "your" drive, which clearly isn't part of the map they sent.

3. What are the means of the provision of services to the property? Presumably there need to be rights granted in this respect?

How's your water/elec/gas/drains getting there? The map doesn't show them.

4. Please confirm the boundary responsibilities by way of the provision of a plan with “T” markings.

The map doesn't show which of the boundaries are your legal responsibility.

5. We note the property appears to benefit from the use of a septic tank. Please mark the location of this on a plan. If it is not located wholly within the boundaries of the property then appropriate rights will need to be granted and maintenance responsibilities set out.

You don't appear to have mains drains, but a tank. Where is it? Your land, or somebody else's?

6. We note the transfer as drafted reserves rights in favour of the owners of title numbers SL230289 and SL143601. Please provide official copy entries and filed plans relating to those titles.

The paperwork shows that other people have rights over your land. But doesn't say anything more about who or what.

Any help would be most appreciated, I don't know where to go with this next or whether anything can be done to resolve these issues?

This isn't really your problem. Your solicitor needs to kick their solicitor.

EmmyLou30

On a positive note your solicitor seems to be doing his job probably which is a pleasant surprise! Hope they get the answers to their queries soon so you can proceed.

abillybob94

AdrianC wrote: »

The map they sent, showing what you're buying, is lousy, and the LR will throw it straight back.



You don't appear to have any legal right to use "your" drive, which clearly isn't part of the map they sent.



How's your water/elec/gas/drains getting there? The map doesn't show them.



The map doesn't show which of the boundaries are your legal responsibility.



You don't appear to have mains drains, but a tank. Where is it? Your land, or somebody else's?

So are all these just a case of drawing in these things to new map? Or is it a bit more complicated than that?

AdrianC wrote: »

The paperwork shows that other people have rights over your land. But doesn't say anything more about who or what.

This isn't really your problem. Your solicitor needs to kick their solicitor.

Oh.. Why would people have rights over our land!? It's a shared driveway so could this be it. I wouldn't feel to happy with other people able to walk over our garden for example.

davidmcn

If you don't understand what your solicitor is saying to you, phone them up and talk to them about it. It's what you're paying them for!

abillybob94

davidmcn wrote: »

If you don't understand what your solicitor is saying to you, phone them up and talk to them about it. It's what you're paying them for!

Yup been there and done that. Not very good at explaining things as guys are on here hence why I'm on here. If I could gather all the answers easily from my solicitor I wouldn't be on here.

DaftyDuck

From what I see, your solicitor is on the case. He's chasing the kind of loose end that needs chasing, and it is probably all (or almost all) easily answered by the vendor or their solicitor. At the moment there is probably little for him to tell you, because it's just a long list of nightmare scenarios that will all evaporate as proof arrives ....(oh god, there's nowhere for the loo to drain, it's all piling up by the garden swing..... Versus.... Oh, so the loo drains to a septic tank on their land.. We have the right to do so, but have the obligation to maintain the tank, and empty it as needed... Not so scary).

Keep track of these questions. Check they are answered. If the solicitor struggles to get answers, then is the time to start worrying.

The vendors solicitors seldom - if ever - manage to send out an information pack that answers all the buyers solicitors questions. It has never happened to me, and I am ancient. If it did happen to me, I would suspect my buying solicitor had missed something....

Davesnave

abillybob94 wrote: »

Oh.. Why would people have rights over our land!? It's a shared driveway so could this be it. I wouldn't feel to happy with other people able to walk over our garden for example.

The rights are usually defined on a plan and in writing, so if the right was to use the driveway on your land, the documents should say something specific, such as 'between points A and B over the land coloured blue on the filed plan.'

Other rights over your land might be for services, like electric, water and waste water pipework. These are known as easements.

While all these matters need to be listed and made perfectly clear, if you have a good solicitor he/she will ensure they are reasonable and not burdensome.

With barn conversions, it's important that you should be fully aware of where the shared/communal areas are, how the arrangements for parking are laid down and how maintenance of shared areas is arranged and paid for. Bad documentation can make such matters a nightmare.