Selling on an Unadopted Road

Peterhy32

It is a private road with a dead end, so not used as a highway or footpath to the public.

Isthisforreal99

https://forums.moneysavingexpert.com/discussion/comment/82140815#Comment_82140815

TBH, if I were the buyer, your 'offer' would be another red flag and smacks of desperation on your part. Who would you take advice from - your broker(who is getting paid for any deal) or the person trying to sell you a property?

maman

We live in an unadopted road but have the benefit of a residents' association with a road maintenance sub group. The annual fee for membership is about £30 per household and this covers the cost of materials and residents do the work themselves.

We are in a conservation area and houses sell well so presumably no problem getting a mortgage.

Peterhy32

https://forums.moneysavingexpert.com/discussion/comment/82140832#Comment_82140832

Calling it "desperation" misses the point. The buyers have said they very much want the property, yet the only lender currently being considered by their broker is Nationwide. My contribution was simply an attempt to help preserve a chain where my onward purchase is ready to exchange and to help them overcome some of the financial concern of moving away from their lower mortgage rate.

Section62

https://forums.moneysavingexpert.com/discussion/comment/82140834#Comment_82140834

Yes, the problem is a psychological one. The buyers think they have a cheaper mortgage with Nationwide and going elsewhere will cost them more money. The problem is they don't have that cheaper rate in reality because Nationwide wouldn't lend on your property without unrealistic conditions being met. Letting go of a 'good' deal is harder than letting go of a mediocre one.

The buyers need to get their head round the idea that buying your property will involve a different mortgage co and (possibly) higher rate, so offering something to help them mentally transition to a new reality makes sense. Equally though, Isthisforreal99's interpretation is not necessarily wrong. Buying and selling homes is an emotional business and people can easily overthink stuff.

You know you can't meet Nationwide's requirements, so if the buyers are set against trying a different mortgage option then you need to consider how to break the impasse. A conversation with the agent about setting a deadline and possible relisting may be the only way to move forward.

Peterhy32

As a development, I have spoken to the Land Registry today. They informed me that the private road is unusual in as much as the properties title plans extend to cover the area of the road directly outside the front of them. The only area of the road which isn't outside a property and which connects to the main road, is owned by the council. I have purchased the title plans for each house and this does appear to be correct, each property has a portion of the road within its title plans.

This would provide some rationale to the 2 homes not willing to enter into a Formal Maintenance Agreement, because their responsibility is already limited to their set area.

I have forwarded this onto the solicitors who don't appear to be aware. Any thoughts on how Nationwide will perceive this?

Section62

https://forums.moneysavingexpert.com/discussion/comment/82141152#Comment_82141152

As a development, I have spoken to the Land Registry today. They informed me that the private road is unusual in as much as the properties title plans extend to cover the area of the road directly outside the front of them.

This isn't particularly unusual. The two common ownership arrangements are i) The whole road is owned by one party (often untraceable/defunct), ii) ownership is spilt between adjacent landowners, typically matching the frontage length.

In most cases the freehold of land under rural or 'ancient' public roads is owned (up to the road centreline) by the landowner adjacent to the road - what you have is just a variant of this that the road isn't public and the owner on the opposite side of the road isn't involved.

The only area of the road which isn't outside a property and which connects to the main road, is owned by the council.

Can you clarify - is there a Land Registry record showing this area of land is owned by the council, or is council ownership being assumed because the land isn't registered? (where councils own land for highway or associated purposes it often isn't registered)

This would provide some rationale to the 2 homes not willing to enter into a Formal Maintenance Agreement, because their responsibility is already limited to their set area.

If it isn't set out in the deeds then this 'responsibility' is minimal anyway. The main reason to avoid a formal maintenance agreement is that you effectively acknowledge a liability, rather than making a potential claimant demonstrate (in court) that such liability exists.

I have forwarded this onto the solicitors who don't appear to be aware. Any thoughts on how Nationwide will perceive this?

I'm not sure it will make any difference to Nationwide - the road still won't have a formal maintenance agreement.

Peterhy32

https://forums.moneysavingexpert.com/discussion/comment/82141257#Comment_82141257

Yes there is land registry record with the council listed as the owner.

Also there are no owners on the other side of the road, my ownership of the road extends up to a hedge which separates the private road.

Section62

https://forums.moneysavingexpert.com/discussion/comment/82141303#Comment_82141303

If I were the buyer then I'd want to explore that more then. Two of the common reasons councils buy land are for housing, and for road improvements. If the houses were newer then the council's ownership of part of the (access) road (not associated with any of the houses) could be explained by them being the builder and thus owner of residual land. Which going back to one of my earlier posts might mean the council has some maintenance liability. (but the age of the properties really rules this out)

The alternative might be that the council have purchased strips of land to allow the main road to be improved - for example widening the carriageway or adding a footway. That the land is registered means the purchase might be relatively recent, or some kind of event has caused registration of the land. I'd want to understand that better, and particularly whether the right of access still extends over the council-owned land.