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Gillcroft47
Posts: 5 Forumite
Currently in the process of selling my house which has a shared passageway under the two adjoining properties. Both properties meet (bedroom walls) directing in the middle of the passageway. My current solicitor acted on the purchase when I bought it and my new buyers solicitor acted for the old vendor when she sold it. The buyers solicitor has written asking if all of my property overhangs the property. I have replied and stated no it is the same as when she sold it on behalf of the last owner ( I know she deals with a lot of property and will not remember) my solicitor is asking me the same question. I have in writing correspondence to my solicitor querying this when I originally purchased the property. Both solicitors said on the originally purchase it was fine as it was.
Now the both want it to overhang, surely if this was the case it would be flying freehold and was never mentioned by both parties when I bought it even when queried. Surely if this causes an issue they should be held accountable
Thanks
Now the both want it to overhang, surely if this was the case it would be flying freehold and was never mentioned by both parties when I bought it even when queried. Surely if this causes an issue they should be held accountable
Thanks
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Comments
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What was said at the time of your purchase is a secondary consideration at this stage, to be honest. As a seller, presumably your main priority right now is to get the sale to go through with as little hassle as possible? If so, I would be asking your solicitor 1) what difference does it make; 2) why is it a problem; and 3) how much for an indemnity policy to make the perceived problem go away.
I spent about £200 in unnecessary in totally unnecessary indemnity policies regarding a similar situation when selling my last house, and frankly it was money I was happy to spend to get us over the line.0 -
No I completely agree I just want it over the line also, just hard to swallow when I paid good money last time for this to be clarified and both sets off solicitors where involved. Money for old rope springs to mind, thank your for responding0
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Who owns the passageway? Do you each own up to the mid-line? If so it is not a question of flying freeholds but each granting the other a right to use the whole width of the passageway.0
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Bossypants wrote: »What was said at the time of your purchase is a secondary consideration at this stage, to be honest. As a seller, presumably your main priority right now is to get the sale to go through with as little hassle as possible? If so, I would be asking your solicitor 1) what difference does it make; 2) why is it a problem; and 3) how much for an indemnity policy to make the perceived problem go away.
I spent about £200 in unnecessary in totally unnecessary indemnity policies regarding a similar situation when selling my last house, and frankly it was money I was happy to spend to get us over the line.
Same here .(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
Indemnity policies seem to solve everything and yet totally useless IMO... had to spend the same as Bossypants for my last purchase just to chivvy it along
I can't remember doing it years ago !!0 -
You are absolutely right Tom. I have been into to see my solicitor who has tried throwing me under a train today by saying when I purchased the property I stated the whole passageway was overhung by my property. Unfortunately for him i’m a bit of a hoarder and kept all my correspondence from him and notes, I had queried the joint aspect and he said it was not an issue. It’s ok people just say get it over the line two professional people should have conversed on this prior and not recorded it properly.
The buyers solicitor is asking for clarification why didn’t my solicitor do the same with her when I bought it ? Simple fact is it’s sorted and exchanged by tomorrow or I’m pulling out and certainly not paying my solicitor any if his fees!
Sorry for the rant0 -
So what does your Title Plan show? What does your neighbour's Title Plan show?Who owns the passageway? Do you each own up to the mid-line? If so it is not a question of flying freeholds but each granting the other a right to use the whole width of the passageway.
Do you own the whole widh of the passage or does your neighboure own half?If the latter, presumable you each have the right to access/use the other neighbour's side of the passage.
And if the first floor boundary is up to the midway point of he passageway below which is owned half and half, then neither property overhangs the other.0 -
This is new transaction and a new case file. It should contain all the seemingly pedantic and repetitive questions and answers, recently dated.
It is fine for you to write a dated brief response copying the old documentation you have or referring to it by name/ number/ date. Their is obviously a cost implication to them going through the previous file. Some *may* have been archived or deleted or shredded depending on their date and importance.
Shortly after I completed on this flat fifteen years ago I was snail mailed a two inch thick case file in a huge envelope. My original long lease (cash buyer), photocopy long lease and copies of numerous chasing letters (other solicitor lost the developers legal file and LIED for months!). I have no idea what my conveyancers now have in their archives, if anything.
The only thing my conveyancers did wrong in the entire year was send my case file regular snail mail to the BTL flat itself not to my home address miles away. No not Signed For nor Special Delivery. :eek: Postie left the envelope propped against the flat door. Yes with the original long lease in. :rotfl:
What is stressful at the time is hilarious later on.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
He has actually stated he thought the title plan looked like all it is all on my property when it’s not. I took a copy of my deeds and clearly shows it is split in half straight down the middle from the path all the way down neither property overhangs each other. As I said the same two solicitors completed this transaction 7 years ago from the other perspective buyer/seller seller/buyer no problems. He has said to me today why I hadn’t told him it was split down the middle when I bought it !! The mind boggles0
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He has already located the file, he has been told no more money is coming from me I paid him 7 years ago to clarify this. I hope I find this humorous soon it’s a good job I’m bald already !!0
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