 | Home > Off Topic > House Buying - ROW Query |
 
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| bob neville Member Since: 30 Apr 2009 Location: Marbella Posts: 3248   
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Just a long shot but it may be worth discussing this with the selling agent.
The agent we have our converted chapel up for sale with was telling us that they have had a few issues with boundaries and footpaths and rather than losing the sale they have helped with getting the problems resolved. Obviously this depends on the agent but maybe worth a try. Bob 2015 Jaguar XE240 R Sport - goes like ....... !! 2013 Defender 90 CSW - sold 2009 Defender 110 Double Cab - sold 2001 TD5 90 CSW - offroad project - sold to a forum member 2011 Porsche Boxster - for the sunny days ! |
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17th Nov 2018 1:15pm |
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| Freypal Member Since: 23 Sep 2013 Location: Shropshire Posts: 271  
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Just to update / conclude on this...
I spoke to the estate agent who said they were unaware of it as the seller had stated the property was unaffected by rights of way (they'd also said there were no restrictive covenants in place... so they told two porkies!). They said they'd speak to the seller but that was days ago and I've heard nothing since. Our solicitor also came back saying the vendors solicitor hadn't answered the query raised regarding the footpath either. So I rang the council and was able to speak with a ROW officer (all incredibly helpful and friendly I'd add!) who confirmed that their online mapping system is accurate to the definitive map and that the path was still in place and hadn't been diverted or extinguished. Interestingly it transpires that the house developers applied for a diversion order in the 1960s when building the houses but apparently never implemented it (ROW officer surmised this was because no property was to be built on the path, only gardens so it wasn't legally required). The ROW officer said part of the lack of action thus far was due to the lack of an enforcement officer for the area but that would change at some point. And that due to it being blocked they may at some point seek to get a diversion order or extinuishment order put through at the cost of the houses blocking the land. Given all the above I think we will be withdrawing from the sale. Unfortunately we don't want to move somewhere and either have the hassle of dealing with the above, living with the threat of it, or trying to shift it on afterwards. Thanks for all the advice on here. It's likely saved a good deal of time and money waiting for solicitors to come to an answer! |
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22nd Nov 2018 2:05pm |
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| Balvaig Member Since: 19 Feb 2016 Location: Fife Posts: 732  
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All in all a wise decision, although probable a great disappointment to you. Hope you soon find something better.
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22nd Nov 2018 2:39pm |
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| bob neville Member Since: 30 Apr 2009 Location: Marbella Posts: 3248
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Having been through the hassle of dealing with local councils over the purchase of a listed building I don’t blame you from walking away before it starts getting awkward.
Nice converted chapel for sale in Somerset if you are interested 
Bob 2015 Jaguar XE240 R Sport - goes like ....... !! 2013 Defender 90 CSW - sold 2009 Defender 110 Double Cab - sold 2001 TD5 90 CSW - offroad project - sold to a forum member 2011 Porsche Boxster - for the sunny days ! |
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22nd Nov 2018 2:46pm |
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| Adam17 Member Since: 15 May 2018 Location: Within Bedfordshire Posts: 1193  
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Agreed bud! I wouldn't want to have stranger wondering through my garden.. or the council knocking to open 'my property'... AHHH sounds a nightmare. Hope it gets resolved for you. Regards
Adam Loving The Duchess The Defender 110 TD5 XS My Defender story - http://www.defender2.net/forum/topic64005.html |
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22nd Nov 2018 3:38pm |
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