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Selling Property Discussions about selling a house, flat, or other home and dwelling.

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Old 08-08-2008, 07:00 PM
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Join Date: Aug 2008
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Unhappy legal access
Hi
I currently have a major problem with my potential house sale. I received and accepted an offer on my property and all was well. However, on the day of signing conditions of sale, the purchaser's mortgage lender queried the access to one gable wall. I have a written agreement with my 90 year old neighbour to allow access to my property which makes the boundary of his property for maintenace, painting etc. The mortgage lender will not accept this as acceptable. My neighbour is in poor health and neither he nor his daughter will accept a proposed legal agreement (as requested by the mortgage lender). Any help or suggestions would be most welcome, as it appears i may be stuck with the property and unable to sell
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Old 08-09-2008, 12:02 PM
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I think you need to work this through with a solicitor - if you're not already working through the sale with one, then I'd definitely recommend giving a call to one specialising in residential property law.
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Old 09-01-2008, 02:32 PM
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Location: Hampshire
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If the property is in England & Wales the Access to Neighbouring Land Act gives the buyer a right to apply to the court for access for necessary maintenance etc. Therefore I can't see why the lender is making all the fuss and OP's solicitor should be making the point to them that a legal "right" in the deeds is not necessary.

As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients
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RICHARD WEBSTER

As a conveyancing solicitor I hope this post is helpful (for English/Welsh property only) but no liability is accepted for it.
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