"Deed of Way leave"

[sbarrett]

Hello,
I am in the final stages of buying a house in Beech Tree avenue.

I have sent the contracts off in lieu of the resolution of an outstanding matter.

It's called a "Deed of Way leave". My solicitor reckons that NO SOLICITOR WOULD AGREE TO THE CONTRACT WITHOUT ONE BEING IN PLACE. It has to do with an agreement between <builders and developers name> with regards to rights of way which are necessary in order to install things like drainage on the estate. It would affect all of us if this is not in place when we buy the properties (indeed my solicitor says the purchase should not go ahead without it, and is adamant about this).

I would appreciate it if anyone buying would mention this "Deed of Way leave" issue to their solicitor. I assume we all have the same contracts and therefore all our solicitors ought to be concerned about the same thing. I think we should all be looking into this as a possible obstacle to finalizing the purchase.

 

[ajapale]

This post has been copied from a post on affordable housing in Cork.

Has anyone got any comments advice on "Deed of Way leave"?

 

[BK2]

A deed of wayleave is a document which allows the developer to use someone elses land for various reasons it could be a right of way, or to use the lands for pipes for sewage system to pipes for gas etc. It is a requirement that such a deed is in place before you can sell properties on the land. In some instances a Deed of Wayleave is not required because the right of way, pipes etc are all contained within land owned by the developer but if the developer requires the use of adjacent land which belongs to someone else then a wayleave is essential. Your Solicitor is right that you must have a wayleave perhaps when he brings this up with developer Solicitor they will arrange one.