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Solicitor can't locate instrument, should we purchase?

  • 12-11-2016 1:52pm
    #1
    Drexl
    Registered Users, Registered Users 2 Posts: 25 ✭


    Hi,
    The vendor's solicitor has said the PRA can't locate an instrument relating to a right of way on a house we are looking to buy. Does anyone know what the process is, how long etc., regarding getting this extinguished, or whatever, if it can't be found. We are cash buyers so no mortgage.
    I know we should 'stay clear', etc., but I just want to know what the alternatives are.
    Surely this has happened before, it couldn't just rule the house out as unsaleable forever? :confused:


Comments

  • #2
    Metric Tensor
    Registered Users, Registered Users 2 Posts: 3,727 ✭✭✭Metric Tensor


    Get the vendor to fix it and tell him you won't buy it until it's sorted. Be prepared for a long (many months) wait.

    Under no circumstances should you buy it as is if there's ROW issues outstanding because as you point out it could be worthless or impossible to sell in future. Either for you or your heirs.


  • #3
    Drexl
    Registered Users, Registered Users 2 Posts: 25 ✭Drexl


    Metric Tensor wrote: »
    Get the vendor to fix it and tell him you won't buy it until it's sorted. Be prepared for a long (many months) wait.

    Under no circumstances should you buy it as is if there's ROW issues outstanding because as you point out it could be worthless or impossible to sell in future. Either for you or your heirs.

    We will be meeting our own solicitor on monday, I'm sure he'll be saying the same thing. But let's say hypothetically speaking, we bought with a discount due to the missing ROW instrument, what would be the process be to put the property into good markegable condition?


  • #4
    Metric Tensor
    Registered Users, Registered Users 2 Posts: 3,727 ✭✭✭Metric Tensor


    I'm not sure what you mean by ROW "instrument"?

    If for example you need access over a Right of Way through someone else's land to get into the house and said ROW doesn't exist then you need approach the owner of the land and purchase/organise a Right of Way over their land. They may say no! They may ask for €100,000! They may have no problem with it! You may have to take them to court to try to prove some sort of adverse possession.

    This is only an example. I have no idea what ROW is missing or not in place. But in general a Right of Way I'd relying on some other land owner so you may never be able to rectify it. Hence put the pressure on the vendor.


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