buyers solicitor asking such specific questions - help!

fackers_2

Hello, the buyers solicitor of the property we’re selling has since now asked us 23 enquiries all but 2 are now satisfied, 2 of which are completely out of our knowledge, we’ve insisted on our solicitor answering on our behalf but we’ve again been personally asked to answer them. We do not have the knowledge of their request since only owning the property for 4 years. The question is somewhat confusing, can someone help explain what it means and how I should answer it please to satisfy their endless queries?

QUESTIONS

4. Please advise whether the rights reserved referred to at entry C3 of the Charges Register under Title Number CYM608559 have been exercised.

5. Please advise whether the rights reserved referred to at entry C4 of the Charges Register under Title Number CYM608559 have been exercised.

The Title number document they’ve highlighted that it refers to, it’s a scan… 

AdrianC

Seems an easy enough question to me.

Has anybody entered your land to do any of those things, during the time you've lived there?
Yes?
No, to the best of your knowledge?
Don't know?

Obviously, nobody expects you to be able to answer prior to your purchase, except insofar as you may have been given the information during your purchase conveyancing.

Quite how your solicitor is better placed to answer than you, I'm not sure.

princeofpounds

Who asked you to answer personally - your solicitor? Ask them to explain to you what the questions mean, and what the clauses mean, so that you can provide a sensible answer. That is what you are paying them for.

The questions appears to be basically asking which of those rights listed have been used. i.e. do you know of any cables they are running under your land? are they using your building for support? etc.

You should answer to the best of your ability but no further, which really means you can be quite conservative. For example 'I do not know if they have a pipe, drain or cable through the property, but I have never seen or been made aware of one'. Or you can even say 'don't know, please rely on your own assessment'. 

But really, your solicitor should coach you through this.

fackers_2

princeofpounds said:

Who asked you to answer personally - your solicitor? Ask them to explain to you what the questions mean, and what the clauses mean, so that you can provide a sensible answer. That is what you are paying them for.

The questions appears to be basically asking which of those rights listed have been used. i.e. do you know of any cables they are running under your land? are they using your building for support? etc.

You should answer to the best of your ability but no further, which really means you can be quite conservative. For example 'I do not know if they have a pipe, drain or cable through the property, but I have never seen or been made aware of one'. Or you can even say 'don't know, please rely on your own assessment'. 

But really, your solicitor should coach you through this.

We’ve tried and they just forward half baked and generic responses. To be honest, they’ve not been helpful at all throughout the process, even delaying the conveyancing for over a month as they were rushing properties through as a priority before the stamp duty deadline. The property was days before sale last year and we were told it would be a very quick sale… thus far, 4 months. *sigh*

AdrianC said:

Seems an easy enough question to me.

Has anybody entered your land to do any of those things, during the time you've lived there?
Yes?
No, to the best of your knowledge?
Don't know?

Obviously, nobody expects you to be able to answer prior to your purchase, except insofar as you may have been given the information during your purchase conveyancing.

Quite how your solicitor is better placed to answer than you, I'm not sure.

Thank you, first time selling a property so forgive me for asking of something that may seem simple other than to us. 

lookstraightahead

We had about 3000 questions for our solicitor and vendor. We've got approximately 1500 reasonable responses which is about a C grade so we're going with it 😂

steampowered

These are rights which were granted to the owners of adjoining properties.

You need to read it, and confirm whether anybody has exercised those rights. Your solicitor cannot answer for you as they do not live in the property.

It sounds like the answer is probably "No, to the best of my knowledge".

Falafels

If anyone HAD been exercising these rights during your time there, I'm sure you'd have noticed: constructing or maintaining sewers, drains, gas and electricity supplies; whether your neighbours have been out there constructing buttresses to shore up their properties etc etc.

They probably haven't, in which case the answer is a simple "Not during my/our tenure".

If you know differently, then just state "Yes" and give details if requested.