New build and public right of way through the house!

Robin9

In the short-term how about renting it for a peppercorn rent ie token £1?

moneyistooshorttomention

Couldnt agree more that you have to go with what your solicitor says and the developer has made a major mess of this situation.

I guess there is the possibility you are in one of those areas where the local Council is "in the pocket" of the local farmers and/or a group of "locals" generally and are in the habit of "doing what they're told" and the developer is one of those "locals that tell the Council what to do and they jump for it" and therefore the developer feels confident they'll get what they want (nudge nudge wink wink) and therefore that's why they've gone ahead and done this.

But I'd hazard a guess you're in a more "normal"/objective area than that....

At a practical level:

- how many other properties are affected by this?

- have you figured out for yourselves exactly where a diverted footpath could go? (in your position I might be "coincidentally" deciding to join the local Ramblers Group and keeping schtum about my own personal position - but picking their collective brains re local footpaths generally in the area and that might help you figure out exactly where it could be diverted to - or indeed if it can be diverted at all)

Then you'll be better able to figure out what you could do if you were the one in the developers position - and therefore know what you can ask for yourselves.

anselld

CarlyE wrote: »

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.

Bargaining tool for what though? You need to have an alternative solution to bargain for because there is nothing in the short term the Developer can do to make the current property viable for you.

CarlyE

There are 3 properties affected. 2 of which are already built. The other is part of the final section to be built.

In all the site plans they have proposed footpath links drawn in which go off down the footpath from the front of the house we are buying and along the estate road.

The footpath needs stopping up at our property and diverting elsewhere on other parts of the estate.

Bargaining tool in relation to what the solititornis advising re being compensated such as by being given a different property for the same price.

ProDave

Out of the box idea.

Do not buy THIS house, but another one on the same development that is NOT affected.

The builder will have to sort out the PROW issue and it may be some time before hr can sell those affected.

CarlyE

That’s what we are thinking of doing but there are none of the same style or within the same price bracket. Hence why Solicitors are suggesting to get compensated by then giving us a more expensive house for the same price.

LandyAndy

CarlyE wrote: »

That’s what we are thinking of doing but there are none of the same style or within the same price bracket. Hence why Solicitors are suggesting to get compensated by then giving us a more expensive house for the same price.

I don't suppose the builders will want one of those more expensive houses showing up on sold prices at a deep discount.

aneary

LandyAndy wrote: »

I don't suppose the builders will want one of those more expensive houses showing up on sold prices at a deep discount.

The price takes month's to show up on the LR.

PasturesNew

In short: Without the ROW being formally moved, with full documentation, you cannot buy this house.

People will still have the right to walk through your house whenever they knock on the door .... night or day. Indeed, some local walkers who are keen to see that these ROWs aren't stolen might actively start bringing walking groups through your house just because they have that right.

The media will be interested in filling column inches, to sell more papers - but it won't change a thing.

A ROW is notoriously difficult/impossible to move - and has to be done formally. They are ancient paths with massive rights and even millionaires have been unable to move paths that go across their lawn....

You can't arbitrarily move one without formal approval, which is hit/miss if it'd be allowed. Most aren't.

Your only option is to get the developer to sell you another plot. That is your only way forward... but, even so, that's a different house to the one you're currently trying to buy, so it will set back the mortgage application/approval a bit.

LandyAndy

aneary wrote: »

The price takes month's to show up on the LR.

The estate is being built in phases, some of which have not been started.