Rights of access issues pre-completion?Make Text Bigger
Is it possible to proceed with exchange and completion on a property, by signing a disclaimer for your solicitor and lender, if there are outstanding rights of access issues with the new property?
I am buying the property, it’s a detached 3 bedroom freehold property, with a detached garage to the rear. You cannot access the garage from the rear garden other than walking through a gate, over a neighbours driveway. However, you can access from walking along the road from the front of the house.
The house was built in 1980ish, there is nothing on Mid Devon Planning that goes back that far to show the original drawings.
The current owner only bought the property in 2014, using the same conveyancers! But, clearly nothing was rectified then. Land registry are going to close the application to have access over the neighbours driveway, unless the sellers conveyancers make contact or answer the case workers questions.
I asked my solicitors if we can sign a disclaimer, so as not to use the driveaway, until the matter is resolved, which they initially agreed, but then came back advising that the lender (Halifax) needed to know that the matter had been resolved.
Is this true? Why, if the access is denied, or if the seller had never put any details of rights of access, would it be able to go through, but not because of that. It doesn’t devalue the property. Potentially, the gate has been at the back of the garden since 1980!
The estate agent who also sold the property in 2014, is convinced that there was an indemnity insurance to cover this too, but had no evidence.
I’ve been waiting since my property sold on 21 September for things to be sorted. I feel very stressed about it all and just want to exchange and complete! I’m currently renting close by.
I look forward to any assistance in this matter.
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