New build and public right of way through the house!

CarlyE

I wondered if anyone can offer some advice. We are on the verge of exchange and it has come to light that there is a public right of way running right across the middle of our property. This is a new build development and for the past few weeks the developers have been stalling on satisfactory answers telling our solicitor that the PROW abuts or runs close to the boundaries of our property. No! It runs right through the front garden, living room, kitchen, utility and rear garden!! When asked to supply the diversion application they have just sent the temporary one and our council are saying the developers have not submitted the permanent application.

At this stage our solicitor is saying we can no proceed as the property is unmortgageable until this is sorted which could be anything from 6-24 months to sort depending on onjections.

Our Solicitors have suggested we speak to the developers re being compensated. Such as a better plot for the same price (as there are non of the same style House left for sale on the development).

Any one have any advice on what to do?

We don’t want to lose our buyer and we are ready to go into a new house. I know the developers are struggling to get many reserved on the site so far and stalling the release of further plots. They are also wanting as many in by end of December as possible for their half year.

Any help would be appreciated.

Thanks in advance

G_M

CarlyE wrote: »

Our Solicitors have suggested we speak to the developers re being compensated. Such as a better plot for the same price (as there are non of the same style House left for sale on the development).

Any one have any advice on what to do?

e

Follow your solicitor's advice!

Owain_Moneysaver

Even if you didn't need a mortgage, do not buy this property! Even if the ROW can be moved it's still likely to go through your garden.

EachPenny

CarlyE wrote: »

....When asked to supply the diversion application they have just sent the temporary one and our council are saying the developers have not submitted the permanent application.

At this stage our solicitor is saying we can no proceed as the property is unmortgageable until this is sorted which could be anything from 6-24 months to sort depending on onjections.

The council cannot offer any kind of guarantee that the ROW will ever be diverted, up until the diversion order has actually been made - so the application documents and any promises given are not worth a thing.

That the situation has got to the stage it has suggests that someone has made a very large (male chicken) up. A temporary diversion order should only have been made if it were possible to reinstate the original route after building work was completed - if the building work means the original route can never be used then a permanent order should have been made to start with.

If they have got this wrong then you have to ask what else might you discover.....

Have you checked the planning application documents to see what was proposed for the ROW? You would expect there to be some kind of condition requiring the developer to make alternative arrangements - usually before starting the development. If there is such a condition - and it hasn't been met - then the developer has an even bigger problem to sort out.

Davesnave

CarlyE wrote: »

Any help would be appreciated.

It sounds as if you are getting good advice already from your solicitor. We are unlikely to do better.

As you have said, your solicitor cannot take an instruction to exchange, because they owe a duty of care to the lender, who will demand an acceptable resolution before releasing money on this property.

I would say you have an excellent bargaining position with the developers, who will not want this story in the media. This might even run to assistance with temporary rented accommodation so that you can retain your sale, if they have nothing acceptable to offer you now.

Re-routing a RoW is possible, but as the name implies, it must involve public consultation, and that's rarely a quick process!

CarlyE

Thank you so far. I just wasn’t sure if going to a developer with this as a bargaining tool would work or if they would laugh in our faces and we’d be sent packing with nothing.

Within the planning it says that the PROW was discussed and that the developers said they would endeavour to follow the current line but if not they were to submit an application to divert which they said they would do - however the council are saying this hasn’t been received. The existing footpath crosses a number of properties in the development.

Would the media be interested? If I was to use that as a bargaining tool.

We had quite specific reasons why we went for the property we did and so there are very few others on the development that would meet those fully - all of which of a higher price that we are not willing to go up to personally.

Feeling incredibly let down by what seems like a very very big error.

CarlyE

I haven’t added either that the house is less than a month from being finished build wise and completion for us was due to be by Christmas.

cjmillsnun

The media would likely find it interesting. It is a schoolboy error and a major !!!! up, especially if it leaves a number of properties unsaleable.

Davesnave

I wouldn't rush to publication or give anything away at this stage, even on Facebook etc. Keep your cards close to your chest and play the very disappointed and upset customer first to see where that gets you.

You have acted in good faith and their incompetence appears to have placed you in this difficult and financially precarious position, so it's their responsibility to find a way out. That's the line I'd take first.

EachPenny

cjmillsnun wrote: »

The media would likely find it interesting. It is a schoolboy error and a major !!!! up, especially if it leaves a number of properties unsaleable.

Not just unsaleable..... potentially having to be demolished :eek:

The council has to follow a statutory process to divert the path, which also involves consultation. They have a legal obligation to consider the objections with an open mind. It is extremely difficult to demonstrate an 'open mind' when the reason you are diverting the path is because someone has already built a house on top of it.

R v Camden London Borough Council Ex Parte Cran and Others [1995] has given many council solicitors sleepless nights when dealing with statutory consultations. There is plenty of other case law thanks to highways departments who weren't familiar with Cran.

Hence the need to do the order making before you do the building....

CarlyE

I don’t plan on rushing into anything major just yet. We are sitting right for a day or two to see what they come back to an e-mail sent by our solicitor today. Up until not they response has always been the footpath stops at the fore of the property. Let’s see what they say when the see the councils comments of no application ever received.

Will keep things close to my chest for now! ��