Hi all,
Hoping to get some advice...
I have agreed to buy a property and have come to the final legal stages. The only main issue now is that we require a wayleave agreement from the owner of the field next to us (who is also the vendor) so we can sort out the sight lines to make them in line with planning regulations. The vendor has said that she does not want to provide a wayleave agreement but will sort out the issue herself (this would be ongoing as she would be required to cut an 80m hedge). My solicitor has advised that my lender will not lend without this agreement. Can anyone advise if this is correct or if there is any other way around this? Would it be possible to make the wayleave agreement valid only if she does not stick to her agreement of keeping the hedge cut etc.?
Would appreciate your comments/ suggestions, thanks.
I can certainly understand the vendor's stance - after all, who would voluntarily agree to have a neighbour cut the hedge on your own land ? Supposing they cut back too much, destroyed a valuable sloe, cut between March and August when it is legally forbidden, left branches etc all over the road ?
Recipe for absolute disasterous neighbourly relations.
In my opinion the vendor is simply protecting her own future peace and privacy - and by agreeing to have the hedge maintained herself, has provided the only option that would provide peace of mind for herself.
And what happens if the new vendor decides to sell in a few years and another absolute stranger then has some right to interfere with the vendors land ?
Disaster - and a ridiculous situation.
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