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Mortgage lender refused to accept Statement of Truth and Indemnity Policy in regard to access issue

Selling my house to my son and partner. Have lived in it for 30 years. Access to the property is on a bridle path. Our solicitor was surprised that Nationwide would not accept Statement of Truth and an Indemnity Policy to resolve the issue. They said most high street lenders would. However, neither our solicitor, or my son’s, or his mortgage advisor can tell us the name of lenders who are likely to help us resolve the issue. 
Any advice gratefully received. Thank you.
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Comments

  • Emmia
    Emmia Posts: 6,178 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    Driving a car or a motor vehicle on a bridleway is generally illegal. Is there no other access to the property?
  • Flugelhorn
    Flugelhorn Posts: 7,446 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Emmia said:
    Driving a car or a motor vehicle on a bridleway is generally illegal. Is there no other access to the property?
    I lived in one of two  70s built houses where the access was similar - the lane was technically a bridleway which had led to the previous 1600's built cottages. The deeds to the old house had allegedly said "access to the property for a man and his cart"  - anyway the lane was tarmacked and eventually somehow maintained by the council. There was a statement given by the neighbour when we got a mortgage in the 90s  that it had been used by his family  since forever for access  to the old properties. 

    I suspect OP needs to try a different mortgage broker 
  • user1977
    user1977 Posts: 18,280 Forumite
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    edited 30 September at 8:27AM
    Emmia said:
    Driving a car or a motor vehicle on a bridleway is generally illegal.
    The OP doesn't say they're driving along it (admittedly "no vehicular access" may be an additional problem for a lender).
  • Dwrgi
    Dwrgi Posts: 4 Newbie
    First Post
    Emmia said:
    Driving a car or a motor vehicle on a bridleway is generally illegal. Is there no other access to the property?
    Thanks for your reply. No other access. But I have lived here for 30 years and the owner of the land is happy to provide a Statement of truth. We are just looking for lenders who are likely to accept that but can’t find that information.
  • Dwrgi
    Dwrgi Posts: 4 Newbie
    First Post
    Emmia said:
    Driving a car or a motor vehicle on a bridleway is generally illegal. Is there no other access to the property?
    I lived in one of two  70s built houses where the access was similar - the lane was technically a bridleway which had led to the previous 1600's built cottages. The deeds to the old house had allegedly said "access to the property for a man and his cart"  - anyway the lane was tarmacked and eventually somehow maintained by the council. There was a statement given by the neighbour when we got a mortgage in the 90s  that it had been used by his family  since forever for access  to the old properties. 

    I suspect OP needs to try a different mortgage broker 
    Thanks for your reply. My son’s current advisor is unable to provide him with names of likely lenders. Is this usual do you know?
  • silvercar
    silvercar Posts: 49,877 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Dwrgi said:
    Emmia said:
    Driving a car or a motor vehicle on a bridleway is generally illegal. Is there no other access to the property?
    I lived in one of two  70s built houses where the access was similar - the lane was technically a bridleway which had led to the previous 1600's built cottages. The deeds to the old house had allegedly said "access to the property for a man and his cart"  - anyway the lane was tarmacked and eventually somehow maintained by the council. There was a statement given by the neighbour when we got a mortgage in the 90s  that it had been used by his family  since forever for access  to the old properties. 

    I suspect OP needs to try a different mortgage broker 
    Thanks for your reply. My son’s current advisor is unable to provide him with names of likely lenders. Is this usual do you know?
    It’s literally his job to find you a mortgage. If he can’t do the job, then find someone who can.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • ACG
    ACG Posts: 24,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    This sort of thing will not be in standard criteria. This is the sort of thing where a broker earns their wage and fires off emails to account managers or jumps on the phone to them. In 13 years as a broker, its not something I have come across so it is quite unique I think. 

    If the broker cant/wont find a lender, then there is no harm in getting a second opinion from another. I dont know if it can be done or not, going off some of the replies it seems to suggest it can be so dont give up. 
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • MWT
    MWT Posts: 10,370 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Dwrgi said:
    Selling my house to my son and partner. Have lived in it for 30 years. Access to the property is on a bridle path.
    Is this actually an official Bridleway?
    You should be able to check this with your local authority on their website.



  • user1977
    user1977 Posts: 18,280 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    Dwrgi said:
    Emmia said:
    Driving a car or a motor vehicle on a bridleway is generally illegal. Is there no other access to the property?
    the owner of the land is happy to provide a Statement of truth. 
    Owner of the land meaning the owner of the access route? Can't they grant any missing rights of access? I'm not familiar with any complications which come with bridleways.
  • MWT
    MWT Posts: 10,370 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 30 September at 1:02PM
    user1977 said:
    Dwrgi said:
    Emmia said:
    Driving a car or a motor vehicle on a bridleway is generally illegal. Is there no other access to the property?
    the owner of the land is happy to provide a Statement of truth. 
    Owner of the land meaning the owner of the access route? Can't they grant any missing rights of access? I'm not familiar with any complications which come with bridleways.
    An easement would seem like the obvious solution if the landowner is willing, but I can see why a lender wouldn't be happy with just a Statement of Truth.
    These days you wouldn't be able to get planning permission without it...

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