Landlocked property

Statex2_2

Hi not sure if anyone has experienced  a similar issue. I made an offer on a property which has been delayed by several months due to several legal issues. We are almost near completion and another issue has cropped up regarding access. 

The property was part of a smallholding about 2 acres When the original owner died in 1963 the property was split and person "A" owns the house and "B" owns the land. The problem is that to access the house you have to travel on a track over land owned by "B" The two people made an agreement that "A" has the right of acces over land owned by "B"
.
There have been several delays, such as the boundaries were not in the correct place and there was a restriction that the original owner who has died, was the only one who could sell it. After many months these have now been sorted out.
My conveyancer  informs me that I have no automatic right of acces but the owners will make a "statement of truth" that they have used it for 20 years and will take out an indemnity insurance. Although the previous owner only died 2 years ago. The present owners are son and daughter in law.who have lived there over 20 years.
I did some research and found out that it is difficult to obtain a mortgage on landlocked properties. The info stated that they actually have to swear a "statutory Declaration" and the right has to be registered with the Land Registry.

My solicitor said a statement of truth is  all you can do, apart from getting whoever owns the land to grant a formal right by deed, and that is going to be potentially very expensive for someone, it may open a can of worms, it might not be agreed, and will be very very long winded and must be done by the owner of the land. Not the house.The land is owned by a relative of the present owner The land is only rough pasture and he has been refused planning for a house by the council as it is not in the designated building envelope and a neighbour also. objected. Therefore only agricultural land value.

I have asked the present owner of the house if his relative would sell the land, he said he wants to sell it but totally refuses to put us in touch until we have completed on his propery. I asked again if he would just ask for a guide price for the land but he totally refues and just states that the sale of his house can not be conditional on the sale of the neighbouring land.

 We do not need a mortgage as I am purchasing it with my son with the proceeds of our 2 houses.
also I cahed in one of mysmall pensions plus some savings.

So we are in a catch 22 at the moment. What makes it worse is that we have had 2 other houses fall throughj because of problems like this . The owner of the land could hold us to ransome and charge us much more than the land is worth. I do not want to be in a position where I am unable to sell it if things don't work out and no can get a mortgage on it. The agent just states that the declaration is enough and the owner will not discuss it further. We had to pay his full asking price as he would not take an offer, although that was before these issues were known.

I am sorry this has been a bit long winded but I just wanted to make all the facts clear. I would be most grateful for anyones opinion and advice.

GDB2222

Personally, I’d walk away unless I could buy the land at the same time. 

“ refuses to put us in touch until we have completed on his propery” Ridiculous!

Wish the seller good luck, and move on.

user1977

My initial comment would be that any indemnity insurance will have as a condition that you don't raise the matter of the access with the neighbour, and you're sailing very close to the wind if the seller is a relative and is aware of the problem (in addition to what happens when you try negotiating a future purchase of the land). I don't think indemnity insurance is generally a poor solution, but it certainly is if you invalidate it...

i_like_cats

I take it this isn’t the landlocked property in question?  Read the full description including the Important Note at the end!:

https://www.rightmove.co.uk/properties/142651199#/?channel=RES_BUY

Slinky

i_like_cats said:

I take it this isn’t the landlocked property in question?  Read the full description including the Important Note at the end!:

https://www.rightmove.co.uk/properties/142651199#/?channel=RES_BUY

Who in their right mind bought that!

Herzlos

GDB2222 said:

Personally, I’d walk away unless I could buy the land at the same time.

Bingo. Owner of the house doesn't want you to talk to the owner of the land until it's too late. I suspect that'll be because the owner of the land doesn't want to sell, or they'd probably have already done some kind of deal.

If the landowner doesn't sell and refuses to formally acknowledge the right of way then you're stuck with a house you can't access or sell.

What's the relationship between the land owner and the house owner?

Herzlos

i_like_cats said:

I take it this isn’t the landlocked property in question?  Read the full description including the Important Note at the end!:

https://www.rightmove.co.uk/properties/142651199#/?channel=RES_BUY

This bits a bit of a stinker and why the house seller doesn't want the sale to be conditional on the land - because the land owner is hostile:

"The adjoining owner will not grant any such rights of access and, in the event that a purchaser of the Property attempts to gain access over the driveway, the adjoining owner will seek an injunction preventing access from being gained over their land."

So you'd be buying a property with no services that can't be accessed.

I'm sure that house came up on here a few months ago?

GDB2222

There’s probably more than one landlocked property in the country, but that listing gives a good idea of the issues.  Is it legal to disconnect the water supply?

i_like_cats

Herzlos said:

i_like_cats said:

I take it this isn’t the landlocked property in question?  Read the full description including the Important Note at the end!:

https://www.rightmove.co.uk/properties/142651199#/?channel=RES_BUY

This bits a bit of a stinker and why the house seller doesn't want the sale to be conditional on the land - because the land owner is hostile:

"The adjoining owner will not grant any such rights of access and, in the event that a purchaser of the Property attempts to gain access over the driveway, the adjoining owner will seek an injunction preventing access from being gained over their land."

So you'd be buying a property with no services that can't be accessed.

I'm sure that house came up on here a few months ago?

Yes, very likely, because I spotted it on a forum myself.  Clearly a buyer with deep pockets has decided to take the chance of straightening it out!  

Statex2_2

i_like_cats said:

I take it this isn’t the landlocked property in question?  Read the full description including the Important Note at the end!:

https://www.rightmove.co.uk/properties/142651199#/?channel=RES_BUY

No Ours is in Norfolk

Statex2_2

Herzlos said:

GDB2222 said:

Personally, I’d walk away unless I could buy the land at the same time.

Bingo. Owner of the house doesn't want you to talk to the owner of the land until it's too late. I suspect that'll be because the owner of the land doesn't want to sell, or they'd probably have already done some kind of deal.

If the landowner doesn't sell and refuses to formally acknowledge the right of way then you're stuck with a house you can't access or sell.

What's the relationship between the land owner and the house owner?

They are cousins.