Boundary Issue - partial roof overhang - Deed of rectification not an option with neighbour

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Winter21

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We are trying to purchase a house. The extension was built on the boundary line and there is a partial roof overhang. Deed of rectification is not an option with the neighbour. Are there any ways around this ? Would removing the overhang solve the issue? Thank you.
 
How long is the extension in place?

Is the neighbour asking to have it rectified to your knowledge?
 
Thank you for your reply. The extension is there about 12 years. Neighbour is not looking to have it rectified but solicitor reckons the bank won’t lend because the overhang creates a title issue?
 
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Are current owners in property more than 7 years?
Is the solicitor stating that they need to qualify the title?
 
dubdub123 said:
Are current owners in property more than 7 years?
Is the solicitor stating that they need to qualify the title?
Click to expand...
Thank you for your reply. The current owners are in the house more than 7 years but the neighbour would contest an adverse possession claim. The solicitor is saying we need to get the neighbour to concede the strip of land under the overhang but this is not an option. Would the solicitor be able to qualify the title and put a commitment from us to the bank that we would remove the overhang after the purchase or is this even an option?
 
is the solicitor stating the title issue is due to planning not being in place or due to the encroachment onto the neighbors side of boundary?
IF planning issue, then sellers should be able to sign a deed that it's been in place 7 years plus
Otherwise your suggestion about removal of overhang sounds reasonable.

How did this get escalated in the first place? Did your own surveyor spot this? If so, what exactly did they state is the issue?
 
Thanks again for reply. Solicitor is saying title issue due to encroachment. Planning retention in place for the extension. It is a significant overhang and guttering. Could the solicitor qualify the title with a commitment from us to remove overhang afterwards?
 
You might need to have a builder take a look at it to see how significant a job it would be to remove the overhang. Given the time and cost involved just in getting to the point where you can make an offer, is it worth carrying on wit this house?
 
Winter21 said:
Could the solicitor qualify the title
Click to expand...
Sure he could but the bank are likely to look at the qualification and say No.

Your commitment to remove the overhang will mean nothing to the bank.

If you are buying without a mortgage, they you can go ahead. Your solicitor may say you are unwise, that when you go to sell any potential purchaser will have the same issue, but you may decide to go ahead anyway.

The one possible way ahead is a quote from a builder for the work. This will let the bank see that the size of the problem is €x. However I doubt the bank will accept that either. The neighbours could refuse permission to do the work and so the issue would persist.
 
Thanks for the reply. If we get a quote & certificate of compliance from a builder & architect would the bank accept this as part of the qualification? Also would permission from the neighbours beforehand be needed for the commitment ? So convoluted
 
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