Right of Way - mortgage drawndown

W

Wickaaw

Registered User
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Quick question pls.
We were about to sign the contract to buy a house and drawdown the mortgage with PTSB when an issue popped about a right of way. The house is based on a private road and it has been like that for more than 20 years.
PTSB has refused to allow us to drawn down the funds until it is legalized which would mean register the right of way which could take several months to a years. We do not have that time neither does the vendor so it could all fall through.
Has anyone come across this problem before and who can I speak to for some advice? Thank you
 
As above, your solicitor is best placed to advise how (and even whether) to proceed. No bank will finance this without the vendor getting this resolved, so unless they find a cash buyer who is prepared to take a massive risk, they'll need to resolve this first.
 
Was at an auction recently where questions were asked about a right of way by the side of the house on sale. A solicitor was present beside the auctioneer. His reply was "ah sure nobody ever uses that except the woman next door who gets her coal delivered through that lane". The sale continued.
 
Wickaaw said:
Has anyone come across this problem....
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Yes

Wickaaw said:
.... and who can I speak to for some advice?
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Your solicitor!

PTSB are right not to allow you drawn down the funds until all the legal issues are sorted.

Where is your solicitor??? He/she can't sign off on getting the funds released until the right of way is sorted.

You'd be very foolish to try and bypass the issue.

I bought a holiday home with right of way issues and my solicitor chased it all up until it was sorted.

By the time it all got sorted, the best part of 6 months had passed.

But all is good now. I look at the 6 months as time well spent. And I'm very grateful to the due diligence of my solicitor.
 
Nellie123 said:
Was at an auction recently where questions were asked about a right of way by the side of the house on sale. A solicitor was present beside the auctioneer. His reply was "ah sure nobody ever uses that except the woman next door who gets her coal delivered through that lane". The sale continued.
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At which point IMHO any sensible bidder would withdraw with thanks to whoever raised the query.
It would also lead me to wonder what searches/requisitions were completed by bidders before the auction.
 
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