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Way leave

  • 03-12-2013 9:15pm
    #1
    Mars33
    Registered Users, Registered Users 2 Posts: 5 ✭


    Hey..

    I'm just lookin for some advice or answers... I've just recently got a sale agreed on my property... When it came to signin the papers a problem came up... The house I am selling is on a main road and the builder who originally built the house used the housing estate (which he was also buildin at the time) behind to connect the water instead of the main road... Apparently when u do this u need to get something called a way leave... Solicitors are tryin to go back and c if they can find out if this was ever done... I'm just wonderin has any1 been in this situation before or even know what will happen if there is no way leave... Will i still b able to sell the house or what happens really panicin at this stage all advice or knowledge greatly appreciated...


Comments

  • #2
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,694 ✭✭✭✭drunkmonkey


    Who owns the property you need the way leave for? You need to get it off them, as the seller you'll really speed things up if you take control of physically obtaining the way leave. If your waiting on solicitors to get back to solicitor it could take an age and your buyer may pull out.
    I've been a buyer in your scenario. Everything depends on who own's the area the new buyer may need to dig up. The developer was in Nama in my case and Nama has to give the way leave, I wouldn't be a fan of Nama and their crazy charges for granting the way leave and the length of time it took them.


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    If purchasers are getting a mortgage, banks will require them to buy property with a good marketable title. If there is a problem with the title, the bank may not be willing to accept that problem, and prospective purchasers may not be able to go ahead with the purchase.

    Cash buyers can choose to buy whatever they want, although they may choose to be cautious, since they might have to sell to borrowers in the future.

    As we don't have the specifics of your situation, OP, there is a raft of different possibilities as to how this issue might be resolved, depending on the circumstances; which may range from whether you bought the property from the builder (and if so, why the issue was not noticed when the title was checked then), whether you bought the site and hired in a builder afterwards, whether you had a building agreement, whether it was a formal building agreement drafted by solicitors, whether an engineer/architect supervised the works, whether the builder still owns the land in the estate and still has the power to give a wayleave, whether the builder is still in operation or whether he has closed down, whether the builder had a company or if he was a sole trader, whether the current owners of the land over which you need a wayleave are willing to grant a wayleave, etc., etc.

    I suppose that the possibility will have to be checked as to whether a wayleave may have actually been granted but not registered.

    Because of the range of possibilities, I would suspect that punters who have overcome previous problems with wayleaves may be unlikely to be able to help you in your specific situation.

    You will have to get this sorted out by your solicitors. It would be interesting to find out how this situation was allowed to arise in the first place.


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