Advise Needed - Sellers wants to retain part of garden

Aran_101

Length of the garden is approx. 100 feet.
Sellers wants electricity and access way to the rear end of the garden which is retained to be shared.

Sellers wants sharing of electricity and access way to be added to the title document or TP1.

Aran_101

Details about land retained, shared accessway and electricity was told only after solicitors we involved and not after offer was made.

AdrianC

Aran_101 wrote: »

Details about land retained, shared accessway and electricity was told only after solicitors we involved and not after offer was made.

So there y'go. The solicitors have done their job, and clarified whether what you think you're buying is the same as what the vendor thinks they're selling.

In this case, they're not - quite markedly so - and you have a choice.
Continue with the deal on the vendor's basis.
Ask the vendor to continue on your understood basis.
Renegotiate the price or a compromise.
Walk away.

Davesnave

Aran_101 wrote: »

Details about land retained, shared accessway and electricity was told only after solicitors we involved and not after offer was made.

So this vendor hasn't been honest and up-front with you.

They're trying to avoid the considerable charges that might arise for an independent supply of services, but not intending to offer you compensation for the inconvenience and potential reduction of house value thus caused.

You also have to consider what will this business might be on that land if it needs power? For example, would the use of noisy power tools be a likely occurrence?

For the deception alone, I'd walk away. Wouldn't deal with someone like that.

davidmcn

Aran_101 wrote: »

I recently made an offer on a property which was accepted but after solicitors got involved I came to know that sellers is trying to retain 35% of the garden space to store his goods

"Goods"? What exactly is their proposed use going to be? Will they need planning consent? (considering the current permitted use is a garden ancillary to the house)

Aran_101

Construction materials as seller works in this industry.

davidmcn

Aran_101 wrote: »

Construction materials as seller works in this industry.

Right. So potentially you're going to have a bunch of builders driving up "your" driveway first thing every morning and banging stuff around at the bottom of your garden? That's probably more to worry about than losing some square footage from your land.

AdrianC

Aran_101 wrote: »

Construction materials as seller works in this industry.

He wants to put a builder's yard at the end of the garden, give vehicular RoW to it, and expect you to pay the electricity bill...?

I love a good comedian!

Aran_101

I haven't thought about that but I'm now reconsidering offer.

Lucius45

Another thing to consider is this problem will come up again should you ever sell the house. Given the choice, anyone would prefer not to have this so it's bound to reduce the pool of people willing to put in offers.