Problems with solicitors enquiries.

Jami74

I'm a FTB so not sure if this things are big concerns or not. Have waited weeks for these responses from the sellers and there are still things outstanding. 

No paperwork for dropped kerb. Solicitor advises it is illegal to drive across the path onto the drive and the council could fine us if they find out. Google maps show its (the dropped kerb) been there at least 10 years, before current sellers. Solicitor says will tell our lender and they might withdraw the offer.

Garden buildings also have no paperwork. Solicitor has said need an indemnity policy which sellers refusing to pay for.

I can't imagine council will suddenly come after a dropped kerb after all this time, but this isn't our forever home so will potentially make it difficult for us to sell in the future as the same questions will be asked?

Still waiting for information about all the 'free' work they got done (boiler etc) because they were on benefits. They don't seem to be able to prove that it really was free rather than a loan that I will be hit with. What's the worst that could happen? Big bill in the future?

I'm not sure if this is normal house buying stuff or if this is the point I should pull out. Were originally hoping to exchange end of May but these queries are dragging on. I'm currently paying high rent 200 miles away where my family still are and paying to stay in a small room near my new job and commuting home at weekends. Mortgage offer expires in about six weeks too. Chose this property partly because it was chain free and sellers wanted to progress asap.

Can anyone offer any reassurance or advice please?

Edited to add 'dropped kerb'

loubel

If there's no dropped kerb then the property doesn't have a driveway and the valuation will be affected as well as the appeal of the property. 

What type of garden buildings are they? Would you mind if they had to be removed? Are you happy to pay for the insurance?

Presumably no charges were revealed in the local search for the works? Unless they are very recent I wouldn't be concerned about lack of paperwork for the payment. Presumably the installation certificate and warranty are ok?

user1977

Jami74 said:

Still waiting for information about all the 'free' work they got done (boiler etc) because they were on benefits. They don't seem to be able to prove that it really was free rather than a loan that I will be hit with. What's the worst that could happen? Big bill in the future?

There's no such thing as being hit with a surprise loan for the sellers' boiler - who has given you the idea that that's even a thing?

Why isn't your solicitor giving you advice on all of this? That's what you're paying them for.

saajan_12

Jami74 said:

I'm a FTB so not sure if this things are big concerns or not. Have waited weeks for these responses from the sellers and there are still things outstanding. 

No paperwork for dropped kerb. Solicitor advises it is illegal to drive across the path onto the drive and the council could fine us if they find out. Google maps show its been there at least 12 years, before current sellers. Solicitor says will tell our lender and they might withdraw the offer. - it is illegal, and afaik there's no timeframe after which it becomes 'okay' if you continue driving over the kerb, it can be actioned. While the council won't go around patrolling, there could be neighbours who get frustrated with parking issues or practices in the area and complain (as the dropped kerb makes other drivers think they can't park there). 

Garden buildings also have no paperwork. Solicitor has said need an indemnity policy which sellers refusing to pay for. - how big and do these fall within permitted development? The payment for an indemnity policy is a matter for negotiation, you could pay as well. They're usually not a lot of money in the grand scheme of a property purchase (think £50-500). 

I can't imagine council will suddenly come after a dropped kerb after all this time, but this isn't our forever home so will potentially make it difficult for us to sell in the future as the same questions will be asked?

Still waiting for information about all the 'free' work they got done (boiler etc) because they were on benefits. They don't seem to be able to prove that it really was free rather than a loan that I will be hit with. What's the worst that could happen? Big bill in the future? - Is there a charge registered on the property? Your solicitor should be able to check that, and if there's none then unlikely the loan would transfer to you. 

I'm not sure if this is normal house buying stuff or if this is the point I should pull out. Were originally hoping to exchange end of May but these queries are dragging on. I'm currently paying high rent 200 miles away where my family still are and paying to stay in a small room near my new job and commuting home at weekends. Mortgage offer expires in about six weeks too. Chose this property partly because it was chain free and sellers wanted to progress asap. - so you're a month later, which is not unusual in property purchases. Depending on what else is outstanding, 6 weeks could be doable and if not then mortgage offers can often be extended. 

Can anyone offer any reassurance or advice please?

These don't seem like major issues to warrant pulling out. Do speak to the estate agent to chase as well (they wont be able to answer but can at least make some phone calls). Starting again with another property is unlikely to be faster. 

Hoenir

Jami74 said:

 Solicitor says will tell our lender and they might withdraw the offer.

Are you prepared to proceed with the purchase on the basis that's there's currently no off street parking? Is it possible to regulalise the situation. Will the seller drop the price to reflect the cost of the works. 

Jami74

Thank-you everyone for your responses:

I can see on Google maps street view that the dropped kerb was installed sometime between 2012 and 2014 and in every street view picture there has been one or two vehicles on it. Quite a few properties in the street have had driveways and dropped kerbs installed. The house was sold in 2016 and both this time and last time it was advertised as having a driveway for 2 vehicles. I would have thought this would have come up when the current sellers bought the property. Does anyone know if there is a way of finding out from the council if the dropped kerb is legit? Offroad parking is important to us, it was one of the priorities on our list when looking. If we moved in we would use the dropped kerb and driveway, but seems like it would cause problems when we come to sell, unless there is a way to apply retrospectively. The sellers have not provided planning permission, building regulations approval and completion certificate for the works, a copy of the drop kerb consent and licence from the Local Authority’s Highways Manager. The solicitor advises that the dropped kerb is therefore illegal to use and if the council find out I will be in considerable trouble, in addition the solicitor will inform the lender and will likely devalue the property.

At the end of the garden is a raised wooden decking and a wooden shed (the sort you put garden tools in). As far as I can see from Google maps street view it has been there since at least 2008. If I have to pay £200 for this indemnity insurance to buy this house then so be it. And if at some point in the future I have to pull it out and make it lower or something then it wouldn't be the end of the world. Either way, it's not a deal breaker. The solicitor advises that the purchase cannot proceed without this indemnity insurance.

The 'free' work includes lots of insulation and boiler. It has been recently installed under a government scheme and seller states that it was all free due to being on benefits. The solicitor is concerned that it might have been a loan which will need to be paid back somehow. Again, if I have to pay a (reasonable) price then so be it. There is no charge on the property. The solicitor is still waiting for confirmation that the the guarantee and benefits of the works transfer to the new owner and anything outstanding will have been paid off.

Thank-you again for all your comments. 

chanz4

you dont need planning for the shed

Section62

Jami74 said:

Thank-you everyone for your responses:

I can see on Google maps street view that the dropped kerb was installed sometime between 2012 and 2014 and in every street view picture there has been one or two vehicles on it. Quite a few properties in the street have had driveways and dropped kerbs installed. The house was sold in 2016 and both this time and last time it was advertised as having a driveway for 2 vehicles. I would have thought this would have come up when the current sellers bought the property. Does anyone know if there is a way of finding out from the council if the dropped kerb is legit? Offroad parking is important to us, it was one of the priorities on our list when looking. If we moved in we would use the dropped kerb and driveway, but seems like it would cause problems when we come to sell, unless there is a way to apply retrospectively. The sellers have not provided planning permission, building regulations approval and completion certificate for the works, a copy of the drop kerb consent and licence from the Local Authority’s Highways Manager. The solicitor advises that the dropped kerb is therefore illegal to use and if the council find out I will be in considerable trouble, in addition the solicitor will inform the lender and will likely devalue the property.

....

Your solicitor is talking nonsense.  Ask them to state the specific legislation that would make this "illegal" and what powers the council has to "fine" you in this situation.

Personally I'd go further and tell the solicitor that if they inform the lender of this nonsense I would be making a formal complaint about them, but you might want to keep a reasonable working relationship with them and take a more tactful approach.

If the kerb has been dropped then the council can't stop you using it.  If the kerb dropping hasn't been done by the council (or with the council's consent) then in theory the person who did the work committed one or more offences in carrying out work in the highway without the necessary consent or authorisation - but that would have been their offence, not yours.  You can use the streetview images to prove the work was done before your ownership.

If the council believe the vehicle crossover hasn't been constructed correctly then they could serve notice on you requiring you to agree to have it rebuilt (at your expense) but they cannot stop you using the crossover.

Hoenir

Section62 said:

Jami74 said:

Thank-you everyone for your responses:

I can see on Google maps street view that the dropped kerb was installed sometime between 2012 and 2014 and in every street view picture there has been one or two vehicles on it. Quite a few properties in the street have had driveways and dropped kerbs installed. The house was sold in 2016 and both this time and last time it was advertised as having a driveway for 2 vehicles. I would have thought this would have come up when the current sellers bought the property. Does anyone know if there is a way of finding out from the council if the dropped kerb is legit? Offroad parking is important to us, it was one of the priorities on our list when looking. If we moved in we would use the dropped kerb and driveway, but seems like it would cause problems when we come to sell, unless there is a way to apply retrospectively. The sellers have not provided planning permission, building regulations approval and completion certificate for the works, a copy of the drop kerb consent and licence from the Local Authority’s Highways Manager. The solicitor advises that the dropped kerb is therefore illegal to use and if the council find out I will be in considerable trouble, in addition the solicitor will inform the lender and will likely devalue the property.

....

Personally I'd go further and tell the solicitor that if they inform the lender of this nonsense I would be making a formal complaint about them, but you might want to keep a reasonable working relationship with them and take a more tactful approach.

Solicitor is duty bound to report findings to their client. You cannot make a formal complaint about somebody following due procedure as required under the UK FINANCE MORTGAGE LENDERS' HANDBOOK FOR CONVEYANCERS. 

Section62

Hoenir said:

Section62 said:

Jami74 said:

Thank-you everyone for your responses:

I can see on Google maps street view that the dropped kerb was installed sometime between 2012 and 2014 and in every street view picture there has been one or two vehicles on it. Quite a few properties in the street have had driveways and dropped kerbs installed. The house was sold in 2016 and both this time and last time it was advertised as having a driveway for 2 vehicles. I would have thought this would have come up when the current sellers bought the property. Does anyone know if there is a way of finding out from the council if the dropped kerb is legit? Offroad parking is important to us, it was one of the priorities on our list when looking. If we moved in we would use the dropped kerb and driveway, but seems like it would cause problems when we come to sell, unless there is a way to apply retrospectively. The sellers have not provided planning permission, building regulations approval and completion certificate for the works, a copy of the drop kerb consent and licence from the Local Authority’s Highways Manager. The solicitor advises that the dropped kerb is therefore illegal to use and if the council find out I will be in considerable trouble, in addition the solicitor will inform the lender and will likely devalue the property.

....

Personally I'd go further and tell the solicitor that if they inform the lender of this nonsense I would be making a formal complaint about them, but you might want to keep a reasonable working relationship with them and take a more tactful approach.

Solicitor is duty bound to report findings to their client. You cannot make a formal complaint about somebody following due procedure as required under the UK FINANCE MORTGAGE LENDERS' HANDBOOK FOR CONVEYANCERS. 

Fully aware of that. The complaint would be that their findings were incorrect, perhaps based on a failure to understand the relevant law.  'Due procedure' doesn't include making up legislation.

Hoenir

Section62 said:

Hoenir said:

Section62 said:

Jami74 said:

Thank-you everyone for your responses:

I can see on Google maps street view that the dropped kerb was installed sometime between 2012 and 2014 and in every street view picture there has been one or two vehicles on it. Quite a few properties in the street have had driveways and dropped kerbs installed. The house was sold in 2016 and both this time and last time it was advertised as having a driveway for 2 vehicles. I would have thought this would have come up when the current sellers bought the property. Does anyone know if there is a way of finding out from the council if the dropped kerb is legit? Offroad parking is important to us, it was one of the priorities on our list when looking. If we moved in we would use the dropped kerb and driveway, but seems like it would cause problems when we come to sell, unless there is a way to apply retrospectively. The sellers have not provided planning permission, building regulations approval and completion certificate for the works, a copy of the drop kerb consent and licence from the Local Authority’s Highways Manager. The solicitor advises that the dropped kerb is therefore illegal to use and if the council find out I will be in considerable trouble, in addition the solicitor will inform the lender and will likely devalue the property.

....

Personally I'd go further and tell the solicitor that if they inform the lender of this nonsense I would be making a formal complaint about them, but you might want to keep a reasonable working relationship with them and take a more tactful approach.

Solicitor is duty bound to report findings to their client. You cannot make a formal complaint about somebody following due procedure as required under the UK FINANCE MORTGAGE LENDERS' HANDBOOK FOR CONVEYANCERS. 

Fully aware of that. The complaint would be that their findings were incorrect, perhaps based on a failure to understand the relevant law.  'Due procedure' doesn't include making up legislation.

Lender makes the final decision. Not the solicitor. 

Complaining needlessly is becoming a National Pastime.