Draft TP1

RJ1129

We have finally got down to just a couple of outstanding enquiries that we are happy to proceed with (cash buyers), however the draft TP1 as gone back and forward between the solicitors for almost two months now.  Basically my solicitor as requested a couple of issues to be added to the TP1 but is unwilling to provide the exact wording, she states that it is not her job and if the vendors solicitor is unsure he should ask his colleagues.  Not helpful for us who just want to exchange.  Has anyone else come across anything like this, or does anyone have any advice.  
To be honest we are not too worry about these being added as they seem pretty pointless to us.
Any help would be much appreciated before we have to make the call to our solicitor.

greatcrested

What are the 'issues'. Tell us that and we can better advise or explain.

RJ1129

Our house is down a lane which is shared by around 6 other houses.  She wants a covenant for maintenance of this road, we cannot see what use this would be if all the other houses do not have such a covenant.  The road was just recently re tarmac and all the homeowners agreed to share the costs. 
The other issue relates to the transferor not to obstruct the road leading to our property, this has been added but she wants a definition of the access. (not sure why, the front of the property is accessed by electronic gates so there can be no question of the access)   

greatcrested

Assuming as seems to be the case the lane is private then

1) who owns it?

2) maintenance may not currently be needed ("recently re tarmac", and cost-sharing this time may have been amicable ("all the homeowners agreed to share the costs. "). But your solicitor is looking ahead. In 5 years time winter snow/ice may have created potholes, and 3 of the houses have been sold. The new owners may be unwilling to pay for maintenance they don't see is their concern. It is wise to get these things legally sorted.

'Access' is a legal concept. Access by horse? Vehicular access? On foot only? .....It may seem obvious to you, but the law might interpret it differently.

RJ1129

Does anyone know who would normally complete the covenants in a TP1 is it the buyers/sellers solicitors or can they both do it.   Not sure if there is a reason why our solicitor is not prepared to add any to the document.

TBagpuss

If it is you / your solicitor asking for them it is not unreasonable for them to provide the wording they want.

Is this actually a solicitor? I know my friend who is a property solicitor often ends up doing stuff which should be the responsibility of the other party, where they have employed a cheap conveyancer rather than a proper lawyer, simply because it is the only way to progress. It can also be an issue with younger ./ less experienced individuals who don't know how to draft something 'freehand' if they can't find a precedent which matches exactly what they need.