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Urgent Advice please!

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  • Urgent Advice please!

    My dad (in his 80s) has moved in with me and is in the process of selling his house. As a family we moved into this property (new) in 1964 and dad subsequently purchased it from the council in 1977. In the late '70's/early '80's he made various improvements to the property:

    1. With the agreement of the owners of the property next door, put down a shared driveway between them (at his expense). At the time he obtained his neighbour's consent in writing but after clearing 40+ years of paperwork out, he can't find it! There have never been any right of way/access issues with the original neighbours, (or their daughter who purchased the property from them in 1998 and subsequently sold it in 2006). There have been no issues since then either.

    2. Had a double garage (Panelite) erected in the back garden.

    3. Around the same time he also had a small conservatory erected at the back of the house (all glass, no building involved). This is separated from the lounge by sliding glass doors.

    An offer has been made on the house, and accepted (at a lower price than originally put on the market in order to avoid all the hassle of having to make 50 mile round trips several times a week to check on it!).

    We have now received correspondence from the purchaser's solicitors regarding the driveway, stating that it didn't appear on the 1977 Transfer document (which given that the driveway wasn't laid until after that date, is perhaps not surprising?).

    They have also raised a query re planning permission/completion certificate for the double garage. My understanding, and my dad's at the time, is that planning permission wasn't a requirement.

    They are also asking for written evidence of the Council's approval to the construction of the conservatory. Again, this was constructed after my dad purchased the property from the Council and again, I believe that planning permission was not needed.

    Are the solicitors merely justifying their existence (and fat fees!) quibbling over structures that have been in place over 30 years??? What, in effect can they do if we were misinformed and that permission should have been sought?

    Sorry if I've rambled on a bit but I need to get this sorted before I go round the bend!

  • #2
    Re: Urgent Advice please!

    I assume you have received this communication from their solicitor through your solicitor? If so... heres what I would do, firstly stay calm you can only do what you can do on the past. If you cannot find any paperwork explain this to your solicitor and ask him what to do next. all that is happening is part of normal conveyancing and boundaries will be tested on documents as the house has not changed hands before. There will be away around this unless - worst case scenario - you have to dismantle the conservatory. On the drive assumed right of way can be proved through the numbers of years that have passed, therefore explain it was created after 1977 and that may settle the matter..... first thing tomorrow call your solicitor... Good luck


    • #3
      Re: Urgent Advice please!

      Thanks Jackie - called my solicitor and explained the situation. They were very helpful and said that worst that could happen would be that we would have to take out indemnity insurance for any "unforeseen" event.


      • #4
        Re: Urgent Advice please!

        Great and that costs very little... pleased you got sorted! Good Luck going forward