Conveyancing Advice please

apollo9

My solicitor has a number of queries with the vendor's solicitors regarding the extension of the property both upwards and outwards with respect to obtaining planning and building regulation certificates.

I suspect the vendors don't have it as otherwise they would have supplied it. Given that the works were done nearly 20 years ago and the building survey did not identify any issues, should I really be worried about this? I am guessing now, but would appreciate any advice.

Also, does anyone else have a shared access path that they own half of? Are there any maintenance arrangements as there is nothing in the deeds of of the original sale of the land and property.

thanks

SmashedAvacado

If your survey is fine, then it is almost impossibly unlikely that any action could be taken from a planning or building regulations perspective for works that old.

Shared paths are no issue provided that it is clear that you have rights over the bit you need to use that doesn't belong to you and you understand that you can't block the bit that you own that the other property owner has rights to use. if there are no maintenance obligations on either party (which is not that unusual) then each party should keep their own part clear and safe.

apollo9

Thanks, should I instruct the solicitors not to worry about it, or do they simply ask the question, get a response and leave the matter alone?

SmashedAvacado

I would ask them to confirm that they are satisfied that this is not an issue and

1) in relation to the planning / building regs - confirm that they are not concerned due to the passage of time
2) in relation to the path - confirm that the access rights are understood and have been explained fully to you

They are supposed to be advising you - which means they give you the confirmation that they are satisfied that this is not of concern. (They are also advising your lender, so presumably they are satisfied to a standard that would satisfy a lender)

apollo9

thanks, I am struggling with all this and trying to move before half term. I will just let them deal with it.

Surrey_EA

Are you buying with a mortgage? If so, your solicitor will also be acting for your lender (almost certainly, anyway) and it may be that even if you're happy to proceed without the documentation, the solicitor may still require something to satisfy the lender.

G_M

Just to be clear: on the Title Plan, the boundary line between the properties runs down the centre of the path, Yes?

And nothing in your Title (or other documents) specifically gives you a right to use the other half of the path?

For the sake of 2 x £3 you could buy the neighbour's Title and Plan. If it is identical to yours, then clearly it's in each of your interests to allow the other to use the whole path

But if his Title specifically gives him a right over your half of the path where yours does not reciprocate, then in theory he could cause problems by denying you access to his half whilst insisting on using your half.

Highly unlikely the Titles are like this, and even more unlikely a neighbour would be so small-minded, but.......

apollo9

Its all a bit weird. The neighbour and I jointly own half the path, but the RoW access is also for an additional 2 neighbours on either side, as I think they used the access to fill up the oil for the boilers.

There is also a bit of the path at the back of the garden that each property owns half of. As far as I can tell there are no formal arrangements for maintenance and having a chat with the neighbours, they simply use the access to get rubbish out from the gardens.

The title plan isn't that detailed as I cant exactly see the path on it on the side or the back of the property.

G_M

apollo9 wrote: »

Its all a bit weird. The neighbour and I jointly own half the path,
Still not clear.

1) you cannot jointly own half the path
2) if you do, who owns the other half?
3) more likely you each own (your own) half ie the boundary between the properties runs down the middle as I suggested in my post above - but you need to check/confirm

but the RoW access is also for an additional 2 neighbours on either side, as I think they used the access to fill up the oil for the boilers.
This is the 1st time you've mentioned a RoW. Please quote the wording in full.

There is also a bit of the path at the back of the garden that each property owns half of.
That makes more sense than the properties 'jointly' owning the path!

As far as I can tell there are no formal arrangements for maintenance and having a chat with the neighbours, they simply use the access to get rubbish out from the gardens.

The title plan isn't that detailed as I cant exactly see the path on it on the side or the back of the property.

That's why you need to compare your Title Plan with the neighbour's Title Plan as advised above. The comparison will help identify where the boundary is. Of course, if you are reluctant to pay the £6 required, then you must accept an element of doubt will remain.