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

glennevis

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. 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.

You say "bridle path", are you sure it is a bridleway and not a BOAT (byway open to all traffic)?

Dwrgi

glennevis said:

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. 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.

You say "bridle path", are you sure it is a bridleway and not a BOAT (byway open to all traffic)?

Yes, sure. It seems I must get a legal easement. I’m astounded that neither our solicitor nor son’s broker advised this during the last 6 months

MWT

Dwrgi said:

glennevis said:

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. 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.

You say "bridle path", are you sure it is a bridleway and not a BOAT (byway open to all traffic)?

Yes, sure. It seems I must get a legal easement. I’m astounded that neither our solicitor nor son’s broker advised this during the last 6 months

I've been through a similar process recently, the decision on what to 'let slide' and where to dig in and insist is often in the hands of the purchasing solicitor/conveyancer, as the lender is asking them to confirm there are no problems with the title.

In my case that was a difference between the footprint of a garage as built vs the plans as registered by the builder at the Land Registry 40 years ago.

You can take the view that an easement exists by way of long term 'enjoyment' in both my and your case, or you can insist that everything is 100% perfect before being willing to proceed.

Looks like we have both been unlucky this time...