Issues before completion

EssexHebridean

Ksw3 said:

our solicitor gave us three options:

One was buy as it is and worry about it later (we checked and all the conditions would be met I.e not near a junction, bus stop, allocated parking, no street lamp etc etc). 

The other two were varying types of insurances one of which was supposed to pay should the value of the house drop (although I doubt it would actually work like that) and another one that I think was to do with easements. 

Oh there was a fourth which was apply then wait to see if it would be granted but our mortgage offer was about to expire so didn't have the time. 

We chose option 1 and at the moment everyone on the street treats it as a drive so doesn't park across it. We will apply soon. I was worried sick about it before we moved in but once you're in it becomes less of a waking up in the middle of the night thing. 

Good info for the OP - it’s always reassuring to hear of something which has turned out OK with a broadly similar situation I think. 

Indemnity insurance  is commonly used for issues around planning and building regs permissions - hence me mentioning  it in relation to the OP’s situation as they do have a planning concern also of course. It can work well, and it does indeed pay out, so long as conditions have been met, and continue to be met. 

It’s good to hear that so far you taking the chance on it has worked - fingers crossed for your application being successful. 🙂

Qwop77

Thanks everyone for the input and useful advice on both issues. I posted in order to seek the opinions of others, so thank you for that.

From what I've read online and from what's been suggested on here, I think that of the two issues, the leasehold/permission for future alterations may be less of a problem.

The more immediate issue is the lack of a dropped kerb. I'm going to discuss it with the solicitor tomorrow. I'm hopeful that I (with the vendor's permission) or the vendor themselves can seek permission from the council for the dropped kerb. We have just over 2 months before our current mortgage offer expires so I'd like to hope that before then, the council will at least be able to give a decision on whether or not they'll permit a dropped kerb.

diystarter7

EssexHebridean said:

diystarter7 said:

EssexHebridean said:

EssexHebridean said:

diystarter7 said:

EssexHebridean said:

One thing to investigate - although ask your solicitor how you should proceed with this - is whether permission for the dropped kerb would be likely to be granted if you applied. 

Hi

For the sake of others reading your post, please be aware that , a solicitor is not responsible for deciding if a dropped kerb will be approved or not. It's always the council/Highways/planning department that makes decisions. People can appeal to them but it’sthe council that makes the decisions.

Thanks

And for the sake of others reading yours - there is a very good reason for OP or those in a similar situation to seek advice from their solicitor about the way to proceed on issues of this type, particularly as in this case there is a potential future planning issue involved. In some cases it may be that an indemnity policy would be available to guard against expenses that could be incurred along the line - indeed, there could even be an indemnity policy already in place that would cover future owners of the property, but which the OP doesn’t yet know about. Such a policy would usually be invalidated - and the purchase of any further policy made impossible - by an approach to the Local Authority. The advice to “just phone the council” is incredibly poor. It would be of service to others perhaps reading the thread subsequently if you would remove that suggestion from your post - or at least post a note in an edit to suggest that in fact it may not be correct, and that they should read on through the thread for further information. 

OP - for clarity - DO NOT call the local authority without checking first with your solicitor that this will not prejudice your position. 

Relevant information reposted in bold above. This explains the position clearly.


Whilst I appreciate you feel that as you wrote elsewhere…

diystarter7 said:

<snip>

I have vast knowledge of most things.

<snip>

… this is an area where the wrong advice can prove extremely expensive for a purchaser of a property, and problematic for the solicitor subsequently trying to deal with things. 

You still also aren’t comprehending that I have never suggested that a solicitor would approve the dropped kerb application - that is not what I wrote and has never been my suggestion. The more significant issue is also not the dropped kerb on its own, but the risk that when speaking with the Local Authority the planning matter also gets discussed. 

Hi

Thank you. However, you have still not stated why a prospective buyer cannot talk to the coucil about re-dropped kerbs and how would they know if one is going to be allowed before buying. Are you saying that they should go ahead and but and then be covered by an "indemirty insurance, " if so how would this get the m the dropped kerb is the cunicl was going to refuse it? 

The other flaw in your argument about contacting a solictor first, EH: There is no argument, and no flaw. It was a straightforward suggestion to the OP that they contacted their solicitor before contacting the council due to the fact that the solicitor may advise a different route, or indeed clarify things that should NOT be discussed in any conversation that subsequently takes place with the council. is where is this solicitor going to get the information from regarding the same property with alerting the council? What difference is there between a prospective buyer contacting the council and decisin if to proced or not or wasting money via a solicitor? EH: There would be no “wasting money” - this sort of question is a perfectly normal part of a transaction. I can see the solictor giving consent nor can I see a solictor contacting anyone other than the council about the dropped kerb and stating the address. 

Are you implying that a solcitor cn get info without giving the property address EH: No. and if you are not, how is that different from a potential buyer contacting the coucil?  EH: A Solicitor will know what it is sensible to mention, and what subjects should be avoided. As this thread shows all too well, those with no legal knowledge at all would not. Personally, all day long, if we were going to buy a house and it had space for parking but no dropped kerb, I'd get straight on the phone and possibly get an anwer within minutes or a few days, I know for a fact council staff where I worked were familiar with roads and looked on the net to get a good idea before visiting or just approving, 


I am seriously confused why a potential buyer as you are saying must not contact the coucil to find out if a dropped kerb would be allowed. 

How what your post about "indemnity insurance" help a prospective buyer if the council said no after the prospective buyer had bought the property?  


Thanks

PS: Your post that I initially picked up on had not mention of the extension, you brought that in later posts.
Copy of your post that I initially responded to and it is implying cleary that the solicitor would know. As I said the solicitor does not decide and would not have the knowledge or the authority to approve or not. So how would the solicitor "likely"  know without contacting the council and giving the address? I am honestly baffled. 

*quote amended by diystarter7 to include bold text that was not in the original without making this clear removed* 

I’ll be honest - I don’t think you’re going to grasp this. I’ve already clearly explained the risks around contacting the council without first checking that it won’t have any negative effects very clearly. 

I’ve answered your other points in bold within your post above, marking them clearly with my initials to make clear that they are my comments. 

As for my original post implying that “the solicitor would know” - it doesn’t. You are misreading it. The dashes mark an “aside”, where the suggestion to contact the solicitor was made. Subsequently - and due to your confident assertion that the OP should just make the phone call - I explained in more detail when asked why that aside was made. 

I see no point in continuing this - as I said, I’ve been as clear in explaining as it is possible to be. I won’t stand by and see someone dish out entirely incorrect advice to another forum member without ensuring that facts are provided if I have those facts though, and that is what I have done here - countered opinion (yours) with facts. 

Hi

I'm not sure if you are  not understand what I'm saying and I did not say that becuse I was too polite to state that until you said it first. TBH, I'm not certain if you aree being deliberately obtuse as two others are saying similar to me.

The post before mine that you thumbed up, was stating something like re prices for the dropped kerb and ask the council but you thumbed that one up

Now we have another poster posting their experiences of simialr situation and where one of the options was exactly that "apply for the dropped kerb..T before buying.

I'l  ask you for the last time - how does a solictor know that a droped kerb will be approved without them or the buyer approacing the coucil?

As you can see and the post, two posts you responded to by other posters, one is saying something like I have and the 2nd poster clearly states that one of the options was to "apply" for the dropped kerb before buying.


I am more than satisfied I was right and other think alike, There is no more to add as I have tried to help you note what you said was not the best way forward but you decide not to accept that but earlier on decided to thumbs up another poster that was saying what I was saying but in more detail.

Have a good evening.

diystarter7

Ksw3 said:

our solicitor gave us three options:

One was buy as it is and worry about it later (we checked and all the conditions would be met I.e not near a junction, bus stop, allocated parking, no street lamp etc etc). 

The other two were varying types of insurances one of which was supposed to pay should the value of the house drop (although I doubt it would actually work like that) and another one that I think was to do with easements. 

Oh there was a fourth which was apply then wait to see if it would be granted but our mortgage offer was about to expire so didn't have the time. 

We chose option 1 and at the moment everyone on the street treats it as a drive so doesn't park across it. We will apply soon. I was worried sick about it before we moved in but once you're in it becomes less of a waking up in the middle of the night thing. 

Hi
Many thanks for that

Enjoy your Sunday,

EssexHebridean

Glad it’s been of help OP - sorry it got a bit bogged down in comprehension issues there! 

The vendor should be able to advise  if generally speaking the neighbours are pretty respectful of the situation anyway - as Ksw3 has found.

Good luck getting sorted! 

EssexHebridean

diystarter7 said:

EssexHebridean said:

diystarter7 said:

EssexHebridean said:

EssexHebridean said:

diystarter7 said:

EssexHebridean said:

One thing to investigate - although ask your solicitor how you should proceed with this - is whether permission for the dropped kerb would be likely to be granted if you applied. 

Hi

For the sake of others reading your post, please be aware that , a solicitor is not responsible for deciding if a dropped kerb will be approved or not. It's always the council/Highways/planning department that makes decisions. People can appeal to them but it’sthe council that makes the decisions.

Thanks

And for the sake of others reading yours - there is a very good reason for OP or those in a similar situation to seek advice from their solicitor about the way to proceed on issues of this type, particularly as in this case there is a potential future planning issue involved. In some cases it may be that an indemnity policy would be available to guard against expenses that could be incurred along the line - indeed, there could even be an indemnity policy already in place that would cover future owners of the property, but which the OP doesn’t yet know about. Such a policy would usually be invalidated - and the purchase of any further policy made impossible - by an approach to the Local Authority. The advice to “just phone the council” is incredibly poor. It would be of service to others perhaps reading the thread subsequently if you would remove that suggestion from your post - or at least post a note in an edit to suggest that in fact it may not be correct, and that they should read on through the thread for further information. 

OP - for clarity - DO NOT call the local authority without checking first with your solicitor that this will not prejudice your position. 

Relevant information reposted in bold above. This explains the position clearly.


Whilst I appreciate you feel that as you wrote elsewhere…

diystarter7 said:

<snip>

I have vast knowledge of most things.

<snip>

… this is an area where the wrong advice can prove extremely expensive for a purchaser of a property, and problematic for the solicitor subsequently trying to deal with things. 

You still also aren’t comprehending that I have never suggested that a solicitor would approve the dropped kerb application - that is not what I wrote and has never been my suggestion. The more significant issue is also not the dropped kerb on its own, but the risk that when speaking with the Local Authority the planning matter also gets discussed. 

Hi

Thank you. However, you have still not stated why a prospective buyer cannot talk to the coucil about re-dropped kerbs and how would they know if one is going to be allowed before buying. Are you saying that they should go ahead and but and then be covered by an "indemirty insurance, " if so how would this get the m the dropped kerb is the cunicl was going to refuse it? 

The other flaw in your argument about contacting a solictor first, EH: There is no argument, and no flaw. It was a straightforward suggestion to the OP that they contacted their solicitor before contacting the council due to the fact that the solicitor may advise a different route, or indeed clarify things that should NOT be discussed in any conversation that subsequently takes place with the council. is where is this solicitor going to get the information from regarding the same property with alerting the council? What difference is there between a prospective buyer contacting the council and decisin if to proced or not or wasting money via a solicitor? EH: There would be no “wasting money” - this sort of question is a perfectly normal part of a transaction. I can see the solictor giving consent nor can I see a solictor contacting anyone other than the council about the dropped kerb and stating the address. 

Are you implying that a solcitor cn get info without giving the property address EH: No. and if you are not, how is that different from a potential buyer contacting the coucil?  EH: A Solicitor will know what it is sensible to mention, and what subjects should be avoided. As this thread shows all too well, those with no legal knowledge at all would not. Personally, all day long, if we were going to buy a house and it had space for parking but no dropped kerb, I'd get straight on the phone and possibly get an anwer within minutes or a few days, I know for a fact council staff where I worked were familiar with roads and looked on the net to get a good idea before visiting or just approving, 


I am seriously confused why a potential buyer as you are saying must not contact the coucil to find out if a dropped kerb would be allowed. 

How what your post about "indemnity insurance" help a prospective buyer if the council said no after the prospective buyer had bought the property?  


Thanks

PS: Your post that I initially picked up on had not mention of the extension, you brought that in later posts.
Copy of your post that I initially responded to and it is implying cleary that the solicitor would know. As I said the solicitor does not decide and would not have the knowledge or the authority to approve or not. So how would the solicitor "likely"  know without contacting the council and giving the address? I am honestly baffled. 

*quote amended by diystarter7 to include bold text that was not in the original without making this clear removed* 

I’ll be honest - I don’t think you’re going to grasp this. I’ve already clearly explained the risks around contacting the council without first checking that it won’t have any negative effects very clearly. 

I’ve answered your other points in bold within your post above, marking them clearly with my initials to make clear that they are my comments. 

As for my original post implying that “the solicitor would know” - it doesn’t. You are misreading it. The dashes mark an “aside”, where the suggestion to contact the solicitor was made. Subsequently - and due to your confident assertion that the OP should just make the phone call - I explained in more detail when asked why that aside was made. 

I see no point in continuing this - as I said, I’ve been as clear in explaining as it is possible to be. I won’t stand by and see someone dish out entirely incorrect advice to another forum member without ensuring that facts are provided if I have those facts though, and that is what I have done here - countered opinion (yours) with facts. 

Hi

I'm not sure if you are  not understand what I'm saying and I did not say that becuse I was too polite to state that until you said it first. TBH, I'm not certain if you aree being deliberately obtuse as two others are saying similar to me.

The post before mine that you thumbed up, was stating something like re prices for the dropped kerb and ask the council but you thumbed that one up

Now we have another poster posting their experiences of simialr situation and where one of the options was exactly that "apply for the dropped kerb..T before buying.

I'l  ask you for the last time - how does a solictor know that a droped kerb will be approved without them or the buyer approacing the coucil?

As you can see and the post, two posts you responded to by other posters, one is saying something like I have and the 2nd poster clearly states that one of the options was to "apply" for the dropped kerb before buying.


I am more than satisfied I was right and other think alike, There is no more to add as I have tried to help you note what you said was not the best way forward but you decide not to accept that but earlier on decided to thumbs up another poster that was saying what I was saying but in more detail.

Have a good evening.

For other posters: As I have already explained - what I have presented are facts, NOT opinions. 

Diystarter7 - you are now gaslighting - and so accordingly  I refer you to the second sentence of the second paragraph of your signature. I am now following that line as far as dealing further with you on this matter is concerned. 

Qwop77

So some further developments today;

The seller's solicitors have come back and said they aren't willing to ask how much the freehold would be to buy, nor if the freeholder would allow extensions/alterations and that the driveway can be measured using Google earth. It then says they want to complete ASAP. 

I would also like to complete ASAP but now that these two issues have come up, I think I'm entitled to ask reasonable questions to try to sort the issues out first. It seems they're trying to put pressure on us to sign away and complete.  

I've read that a freeholder can only charge something like 10 times the annual ground rent when selling the freehold. Is that right? I seem to see a lot of online results where people are saying that buying a freehold was not that expensive and that the legal costs were higher than the cost of the freehold. 

nicmyles

The seller's solicitors have come back and said they aren't willing to ask how much the freehold would be to buy, nor if the freeholder would allow extensions/alterations and that the driveway can be measured using Google earth. It then says they want to complete ASAP. 

I would also like to complete ASAP but now that these two issues have come up, I think I'm entitled to ask reasonable questions to try to sort the issues out first. It seems they're trying to put pressure on us to sign away and complete.  

Yes, that's exactly what they are doing. They don't want to do extra work, particularly if it might lead to answers you don't like that might lead to you pulling out of the purchase.

In essence they are saying: "do you care enough about these things to pull out if we do nothing?"

You should consider what your answer to that is, and also what their answer to the question of "do you care enough about the sale collapsing to take some action on these issues?" would be. Factors might include how long it's taken to get to this point, how difficult you think it would be for them to find another buyer at the same price, etc.

macman

I doubt whether you'll get PP for the dropped kerb in 8 weeks. It has to be advertised for a month after the application alone. 
I'm getting the feeling that the vendor is exasperated that these queries are being raised at such a late stage when they are apparently ready to exchange, and are essentially saying 'proceed, or the deal is off'.
So the question you need to ask is, how badly do I want this house?

EssexHebridean

How much of an issue are either problem for you? Does your desire to live in the house outweigh the other potential issues? 

Your solicitor has the paperwork already so would be the best person to advise you on the freehold side of things.