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Convance law solicitor needed

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By *ary bailey OP   Couple
over a year ago

clacton

My god I'm in a legal minefield. Was wondering if any one on here happened to be a solicitor lol. I'm buying a property. The owner has been driving down an assess road for 40 years with no permission. The land is classed as commutity related assets and isn't up kept as not on mainatance schedule. The council are aware I'm buying the property. But the seller is getting an indemnity against it. But if council know won't the indemnity be invalid ????

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By *ugby 123Couple
Forum Mod
over a year ago

O o O oo

Won't your solicitor know?

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By *om and JennieCouple
over a year ago

Chams or Socials

Can't be claim prescription? Continued use over 25 years? My land law is very rusty but if he can prove use for that length of time there is a strong case.

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By *ary bailey OP   Couple
over a year ago

clacton

Our solicitors are useless and sellers even worse. Don't think they know.

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By (user no longer on site)
over a year ago


"Our solicitors are useless and sellers even worse. Don't think they know. "

At £30 a letter and £50 a spoken word* i think it'd take me a while to find out too.

*not too precise.

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound

Any solicitor worth their qualifications wouldn't advise on an access road issue on a conveyance on here. There are too many questions to ask for a start.

Press their solicitor for an answer as you can pull out of buying without answers. You either solve it now or pay for it later on.

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By *ary bailey OP   Couple
over a year ago

clacton


"Can't be claim prescription? Continued use over 25 years? My land law is very rusty but if he can prove use for that length of time there is a strong case."
he could but won't. If He Did Surly This Would Then Go On The Deeds. It's also looks like council can charge for damages caused and a 2% of land value fee. They could even just object. The stupid thing is the property was only land registered in 2014. So could have been sorted then. 6 weeks solicitors beeby working on this

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By (user no longer on site)
over a year ago


"Can't be claim prescription? Continued use over 25 years? My land law is very rusty but if he can prove use for that length of time there is a strong case. he could but won't. If He Did Surly This Would Then Go On The Deeds. It's also looks like council can charge for damages caused and a 2% of land value fee. They could even just object. The stupid thing is the property was only land registered in 2014. So could have been sorted then. 6 weeks solicitors beeby working on this"

Is there really such a shortage of available housing in the South East?

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound


"Can't be claim prescription? Continued use over 25 years? My land law is very rusty but if he can prove use for that length of time there is a strong case. he could but won't. If He Did Surly This Would Then Go On The Deeds. It's also looks like council can charge for damages caused and a 2% of land value fee. They could even just object. The stupid thing is the property was only land registered in 2014. So could have been sorted then. 6 weeks solicitors beeby working on this

Is there really such a shortage of available housing in the South East?

"

Yes.

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By *om and JennieCouple
over a year ago

Chams or Socials


"Our solicitors are useless and sellers even worse. Don't think they know. "

I'd change solicitor then! If it's the house you really want it's worth paying a good solicitor to get it right from the start.

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By *ugby 123Couple
Forum Mod
over a year ago

O o O oo


"Our solicitors are useless and sellers even worse. Don't think they know. "

Then you have used the wrong solicitor. Sack them and use another

I always thought once you have been using something for a certain period of time then you are allowed to carry on, IE a shared access etc.

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By *ee VianteWoman
over a year ago

Somewhere in North Norfolk


"Our solicitors are useless and sellers even worse. Don't think they know.

I'd change solicitor then! If it's the house you really want it's worth paying a good solicitor to get it right from the start. "

^this. Housing problems, especially access rights can turn into horrendously expensive nightmares if you don't get them sorted out properly from the beginning.

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By *inaTitzTV/TS
over a year ago

Titz Towers, North Notts

Last academic year my gaffer did land law. You are dealing with a few areas here, easements and covenants by the sounds of it if they are seeking to indemnify themselves. Frankly no one would advise you, as all the facts need to be known. For the sake of the cost, you'd be better off seeking independent advice from someone in an office.

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By (user no longer on site)
over a year ago

I think it is difficult for anyone to advise without knowing the full facts.

Your solicitor is probably not even a solicitor. Such law practices are more like factories in the modern day where by a number of paralegals are supervised by one solicitor cracking the whip.

This does not mean you should not get a good service. They should still be able to advise you on the ramifications. If they do not then go to the complaints partner internally. If that doesn't work change firms and consider a complaint to the Legal Ombudsman and consider reporting them to the Solicitors Regulation Authority.

Do not assume they know what they are doing. This issue will be a lot easier to resolve upfront than backend. If you do buy and it all goes fuck up you are potentially into professional negligence and suing your solicitor. The cost of suing your solicitor would be significant.Due to reforms introduced in 2013, the availability of no win no fee agreements is far more limited in lower value cases.

Therefore you need to be in a position that you fully understand what is going on and the risks involved. If they cant do that go elsewhere

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By *ary bailey OP   Couple
over a year ago

clacton

Thanks. I've told them once they believe paper work is correct I'm taking it to an independent ie a trusted solicitor to check. I did offer that they reduce the price off property to no parking or garage and I take my chances. But they will reject that I think and hope some nieve person comes along. Thanks all

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By (user no longer on site)
over a year ago


"Thanks. I've told them once they believe paper work is correct I'm taking it to an independent ie a trusted solicitor to check. I did offer that they reduce the price off property to no parking or garage and I take my chances. But they will reject that I think and hope some nieve person comes along. Thanks all"

If you do not sort it out before completing your purchase, you may well end up with a property which is unsellable. And if you are relying on a mortgage, you may find that the lender is not prepared to lend to you.

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By *ary bailey OP   Couple
over a year ago

clacton

Cheers aware off that. Was hoping to get another place but that went wrong for us. Nomortgage fortunately

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By (user no longer on site)
over a year ago

My parents bought their current home in 1988. They were told by the seller that access across the piece of land adjacent to the house to the garage at the bottom of the property was in tge deeds and that as a result, no-one could build a house on that piece of land.

That wasn't true. And their property was built in tge 60's.

There was also mention of continued use of access being a factor. No dice.

Suffuce to say that there is now a house on that land and my parents no longer have any vehicular access to their garage. It is now just a really big shed.

Make sure you get it thoroughly checked out by a competent solicitor who is knowledgeable about sych matters.

Personally, if I were in any doubt whatsoever, I would pull out of the purchase

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By *ary bailey OP   Couple
over a year ago

clacton

Will be. Don't think we gonna be buying this unless seller drops the value off parking and garage off.

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By (user no longer on site)
over a year ago

Think you've made the best decision. Have you thought of buying cushions, constructing a fort and firing out M&Ms at passers by instead?

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