Problems with house sale and purchase 😫

llcooljayne1

So we are having a right pain in the bum with our house sale and purchase! I hope someone on here can give us some advice as it’s the first time we have done this and not sure how to proceed.

So issue 1:
The buyers solicitor of our home is not progressing with the sale as he is asking for building certificates from the council for a non supporting wall which we removed 13 years ago. Our solicitor has reiterated over and over that no certificates exist as you do not need permission to remove a non supporting wall inside your property. The survey has been done and the house was found to be structurally sound etc. He is also not proceeded due to a tree in the front garden of a house two doors up which has a preservation order on it. It isn’t even near on on our property so not sure what we are supposed to do about that one! On top of this, the buyers have been calling us saying they need to be moved in by the 15th December, they say they are happy with the house but obviously they need to tell their solicitor that 😖 we have even offered to get a structural engineer round to confirm the wall removed will cause no issues in the future. 

Issue 2:

The house we are buying is a two year old Bellway home. All searches and the survey were done over 2 months ago, we have our mortgage etc etc and now we have been told there is an issue with the house and we cannot move in until it’s sorted. So the fencing in the garden is in the correct place however it is not correct on the drawings/original plans so they all need to be redone before we proceed. I have to say it’s annoyed me so much that months after the searches etc has this only just been found and our buyers want to move into our place by the 15th December which now can’t happen even if their solicitor stops asking for paperwork that we cannot get and isn’t required. I don’t see why we can’t just move in and the drawings be amended afterwards?

So we are up to the point of both parties having their mortgages etc in place but now our wonderful solicitors are holding things up! So frustrating and hoping someone may be able to give me some advice.

many thanks 😊 

Mickey666

Issue 1 - If the buyers are happy about those two apparent sticking points then they should instruct their solicitor to ignore them.  It’s not the solicitor who is buying the house!  Having said that, I’m surprised a solicitor would be concerned about a TPO not even relating to the property - there must surely be more to this?  Besides, what’s the resolution?
Issue 2 - Again, the solicitor could be told to ignore the issue and proceed anyway.  Solicitors can advise but they must also follow their client’s instructions (assuming they are legal of course).  In this case it sounds like there is already a drawing showing a fence line, in which case why can it not be amended to show the current fence line with a note appended describing the change and signed off by the seller?  Or is there also an issue with the adjacent landowner?

davidmcn

Mickey666 said:

Issue 2 - Again, the solicitor could be told to ignore the issue and proceed anyway.  Solicitors can advise but they must also follow their client’s instructions (assuming they are legal of course).  In this case it sounds like there is already a drawing showing a fence line, in which case why can it not be amended to show the current fence line with a note appended describing the change and signed off by the seller?  Or is there also an issue with the adjacent landowner?

I am guessing because what is being occupied doesn't match up with the legal title i.e. the vendors don't have title to all of "their" garden, and/or they own part of the "neighbour's" garden. The OP might be prepared to take a view on it, but their lender will want the boundaries to match up. And no, they're not likely to trust any vague promises to sort it out afterwards.

llcooljayne1

The fence line is in the correct place but doesn’t match up with the original drawings and as far as I’m aware their is no issue with the adjacent landowner as we each own the correct amount of land. So in which case I’m unsure as to why this would prevent us from moving in?

in regards to the wall and tree, what would your advice be to push the buyer to instruct their solicitor to continue and ignore the apparent sticking points? How would I go about getting them to push things?

davidmcn

auntloo said:

The fence line is in the correct place but doesn’t match up with the original drawings and as far as I’m aware their is no issue with the adjacent landowner as we each own the correct amount of land. So in which case I’m unsure as to why this would prevent us from moving in?

Which "original drawings" are we talking about, if it isn't a title discrepancy problem? What exactly is the advice you've had from your solicitor about the issue?

Tiglet2

Does the fence line match the official Title Plan?  You mention "plans", but the only one you should refer to is the official Land Registry one.

I imagine that the buyer's local search has shown a TPO and therefore an enquiry has been raised about it.  Have you advised your solicitor that the tree is located in a neighbouring property and does not affect you?  If they are not accepting your explanation, I expect they will ask for a copy of the TPO, but if they're that concerned, the buyer can pay for it.

Mickey666

auntloo said:

The fence line is in the correct place but doesn’t match up with the original drawings and as far as I’m aware their is no issue with the adjacent landowner as we each own the correct amount of land. So in which case I’m unsure as to why this would prevent us from moving in?

in regards to the wall and tree, what would your advice be to push the buyer to instruct their solicitor to continue and ignore the apparent sticking points? How would I go about getting them to push things?

I agree with davidmcn that vague promises to sort things out later is not acceptable.  However, I don't see why these issues should be difficult to resolve fairly quickly.

You say the fence line is in the correct place but if the registered title shows differently then that's not really true is it.  The title plan shows the legal extent of ownership and if the fence is not in the correct place then there is scope for a future dispute (I assume we're talking about a difference of more than a few inches?).  However, if the parties both sides of the fence agree it is in the correct position then at least there should not be any dispute in resolving the paperwork.  Perhaps the solicitor could suggest a suitable legally-binding document that both parties could sign to confirm their agreement of the fence line?  Perhaps there could be some sort of indemnity insurance policy in case of future issues - they seem to be all the rage these days.

As for the TPO, I'd want to know exactly what the solicitor thinks the problem is, especially as it belongs to someone else.  FWIW, my last house was in a wooded area where EVERY tree was subject to a TPO.  It didn't cause any issues when we bought the house or when we sold it, it was simply noted as a fact, so I'm not understanding the issue here for a single TPO.

babyblade41

Whatever is on the title plan at LR is not matching what is on the ground, this will have to be rectified if this is the issue.

A TPO on a property that you're not buying is totally irrelevant.  TBH I wish more trees had them, virtually every house I've bought has had one or 2 TPO's apart from my last one when the new owners chopped down a beautiful tree in the front and turned the whole frontage into concrete 

llcooljayne1

So if the title plan at LR is not matching with what is actually on the ground can this be rectified after we have moved in if some sort of agreement is put in place? We just want to move in ASAP and preferably by Christmas! 

Also would taking out an indemnity insurance push the buyers solicitor to just tick those last boxes so we can finalise things? 

Land_Registry

auntloo said:

So if the title plan at LR is not matching with what is actually on the ground can this be rectified after we have moved in if some sort of agreement is put in place? We just want to move in ASAP and preferably by Christmas! 

Also would taking out an indemnity insurance push the buyers solicitor to just tick those last boxes so we can finalise things? 

Boundary agreements are made to formalise matters where the title plan is correct but neighbours want to formalise certain matters. 

If the title plans do t match the fence lines on the ground then a different solution is most likely required. And if both neighbours agree that solution is transfer/exchange the land so that your title plans then match the reality on the ground. 

The alternative is for each to claim ownership of the ‘extra’ land as fenced but if you are both in agreement that’s likely to be the more complex option 
If your buyer is taking a mortgage then it is probably unlikely that the lender will let them buy and then sort it out afterwards. And an indemnity policy may not be an option as both parties are aware of the issue. 

You’ll need to rely on your legal advice here but also bear in mind the lender’s needs