Conveyancing and property purchase issues.

Lum079

Hi. I'm hopeful someone may be able to help or at least point me in the right direction as I feel the legal rep handling my conveyancing and contract exchange for a property I'm buying either doesn't care or doesn't understand my concerns.

I'm buying a new build and due to complete in the coming weeks. Up until last week I didn't have full access to the property. I went for a site visit and discovered that there is a temporary pathway - at the bottom of the garden - which crosses part of the land that makes up the plot I'm about to buy. I've been advised that this is because the actual route the path should take goes through a part of the estate that is still under construction. I was also advised by the site manager that the path will stay where it is for many months to come.

I was not aware that this path was there and was not advised that there would be a temporary path crossing the plot.

I feel this breaches the contract given it negatively 'materially affects' the property post completion. Additionally this leaves me unable to do anything with the garden and leaves it exposed, intruding on my privacy, given it is sectioned off just with wire mesh 'Harrison' fencing.

Can anyone provide advice on what to do about this? Can I claim any compensation given I'm effectively being sold a property that is unfinished and because I won't have full use of my land for months to come?

Thanks in advance.
J

m0bov

What does your solicitor say? Is there anything in the contract you signed? You really need to get on the phone to them NOW and then update us. Maybe also send some photo's to the sol.

davidmcn

Lum079 wrote: »

I feel this breaches the contract given it negatively 'materially affects' the property post completion.

We don't know what else your contract says. Are you sure there's nothing else there which might give the developers temporary rights to cross your land?

Lum079

There are no provisions in the contract from what I can see.

There are two points that potentially cover it, but it's not explicit.

1 minor adjustments can be made to the plot before or after completion due to site conditions or land registry mapping information provided they do no materilly affect the property. The plot can be amended if required.

2. Completion cannot be delayed for minor outstandin items or work which will be dealt with after completion including landscaping.

However having a path across the land and then having that path removed is not minor but does, in my eyes, materially affect the property.

Lum079

The solicitor appears to be uninterested and when I raised the possibility of getting compensation she said go through the small claims court!!!

davidmcn

Is the solicitor a tame one referred to you by the developer, by any chance?

m0bov

Lum079 wrote: »

The solicitor appears to be uninterested and when I raised the possibility of getting compensation she said go through the small claims court!!!

Lol, I would ask for the formal complaints procedure, there should be mention of the right of way in the legal pack. If they are tied to the developer then they are getting a kick back and will only want to progress the sale to get their fee.

Since you have exchanged and there is no mention of right of way then I don't see why you should be allowing access. But again, you need to speak to a senior partner ASAP. Tell them you are not completing as you don't have exclusive ownership.

Lum079

No. They aren't. There where independently sourced.

AlexMac

Arguably, it's not your solicitor's fault, as nothing she could have done would have revealed this problem before exchange (although my solicitor always insists before exchange that I inspect the plot and confirm that the boundaries match those on the Land Registry title plan).

But her response is unacceptable, as is the developer's. You've suffered material disbenefit, although I guess they'd try to wriggle out of it because of those two clauses.

As above, your solicitor should be advising you, and you should pursue a complaint- maybe later if you want to punish their failings, but at least demand their complaints procedure now as part of your attempt to force them to act (without excessive leagl costs) on your behalf. At least by writing to the developer in the terms you suggest in post #4. and m0bov does in #7.

What remedy are you suggesting; your solicitor (once they wake up) might suggest next steps, but so might you? Financial remedy for not having the use of the whole plot? That they re-route the path? That they fence off the path from your garden temporarily then reinstate it all once the other properties are built (in god knows how many months or years from now)...?

So get muscular!

I know what I'd be doing if all that failed; I'd be putting in that thorny rose thicket, trampoline, natural wildlife pond, security wire fence, kids' climbing frame and swing , robust shed (or all of 'em) that I'd always planned for the bottom of my garden!