Right of way purchasing house

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lougre

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Hi
We are sale agreed on a property that has a right of way with the next door neighbours on a shared driveway. It was written in 1983. There is now a wall built in between the 2 houses and it looks like the extension on the house we are buying some of it is to the side and therefore part of that is on the right of way. There is planning permission for the extension.
However our solicitor says he's never seen this type of thing and advises backing out of the sale due to the extension being there and problems selling the house down the line.
The vendors have said they will get a stat dec from the neighbour to say they are happy with the wall and extension.
Is that a sufficient solution?
Is there a process to dissolve the right of way and if so, is it costly/lengthy?
Appreciate your help.
 
lougre said:
However our solicitor says he's never seen this type of thing and advises backing out of the sale due to the extension being there and problems selling the house down the line.
Click to expand...

Follow your solicitor's advice ... that's what you are paying him for.

You are being forewarned.
 
Raise a stink with the vendors and the estate agent. Wait and see what happens.

Are you getting a mortgage, I would expect that any bank would not be happy with the situation.
 
Thanks yes. We are getting a mortgage. The valuer signed off. We told our solicitor we thought the extension was on the wayleave.
We will definitely take his advise - its just I don't want to ring him every 5 minutes and because he has said he hasn't seen this before I'm wondering are there other ways to resolve.
We don't want to take on something that will raise issues down the line but also don't want to walk away if there's a simple solution. Of course the vendors solicitor says the stat dec will resolve it.
 
statutory declaration - a written statement signed by a solicitor stating they have no problem with the extension being on the right of way
 
We had a similar situation when we bought our current house. Two families living side by side, and the one we were buying had built an extension which went just over the boundary of the other house. Just prior to purchase of the house, the two families drew up new agreed boundary lines that brought the extension into our boundary, and gave a small bit of our garden to the other boundary to compensate. This may be a solution, if you want the house and the two owners are willing to (speed) the process through. I'd buy the house after this is complete, but not before.
 
Glitches with rights of way are common enough in land conveyancing, particularly where there have been previous unauthorised or planning-exempt developments such as the erection of sheds etc. The statutory declaration is afaik the standard way of resolving them. (Btw, this is a declaration by a party with an interest in the issue, not their solicitor). OP, I'd be kinda worried that your solicitor hasn't encountered this sort of issue previously.
 
Thanks for your comments.
Yes it's strange the solicitor hasn't seen this before. He is practising in the area over 15 years with a good reputation
The extension is on our side but the right of way goes from the edge of both houses (through the side between them) so technically while its on 'our side' (a wall has been built between the 2 houses too) it's still on the right of way.
Am due to talk to our solicitor again today
 
The extension is called an encroachment. Learned that from a dispute our family had with adjoining neighbours in a similar situation whereby they were constructively land grabbing.

I would take no comfort or reassurance from the proposed statutory declaration unless it was in the form of an irrevocable ceding of the rights of the neighbouring property in relation to the area occupied by the encroachment and that the declaration binds any successors in title to the neighbouring property. A mere indication that the present neighbours are comfortable with the situation would not be adequate.

That said, prospective purchasers of OP's property in the future might still be put off if they perceive a potential legal uncertainty with the declaration.
 
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