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Buying a house with neighbour access

  • 16-01-2018 8:56pm
    #1
    Registered Users, Registered Users 2 Posts: 65 ✭✭


    We have seen a house that we love but there is a gate in the middle of the back garden wall which leads into the next door neighbours back garden. The estate agent has said the gate will be removed filled with bricks ie completing the wall on. How do we guarantee this will be done? Do we get them to sign something about this if offer is accepted or do we run a mile?


Comments

  • Registered Users, Registered Users 2 Posts: 28,691 ✭✭✭✭drunkmonkey


    We have seen a house that we love but there is a gate in the middle of the back garden wall which leads into the next door neighbours back garden. The estate agent has said the gate will be removed filled with bricks ie completing the wall on. How do we guarantee this will be done? Do we get them to sign something about this if offer is accepted or do we run a mile?

    That's what your solicitor is for, don't take anyone's word for it get your solicitor to sort it out.


  • Registered Users, Registered Users 2 Posts: 2,789 ✭✭✭slavetothegrind


    If an estate agent told me it was dark outside i would go out and check.


  • Registered Users, Registered Users 2 Posts: 22,584 ✭✭✭✭Steve


    First, get it in writing from the estate agent.

    Second, make it (in writing) a condition of your offer.

    Third, and most important, make sure your conveyancing solicitor knows about and has written evidence of the above.

    There may be an irrevocable existing right of way on the property - you need to make sure you have an escape plan if you're not happy with that.


  • Registered Users, Registered Users 2 Posts: 65 ✭✭Leopardprint


    The gate was put in as "the neighbours were friendly enough to let the sellers dogs have more gardens space" but there is already a lot of land so I don't see why this was necessary
    Could the neighbours dispute this after the gate is removed?


  • Registered Users, Registered Users 2 Posts: 65 ✭✭Leopardprint


    Steve wrote: »
    First, get it in writing from the estate agent.

    Second, make it (in writing) a condition of your offer.

    Third, and most important, make sure your conveyancing solicitor knows about and has written evidence of the above.

    There may be an irrevocable existing right of way on the property - you need to make sure you have an escape plan if you're not happy with that.

    Should any offer be made in writing? Sorry first time buyer here


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  • Registered Users, Registered Users 2 Posts: 22,584 ✭✭✭✭Steve


    Could the neighbours dispute this after the gate is removed?

    Not if your solicitor is made aware of it at the time of conveyance and is able to do their job.


  • Registered Users, Registered Users 2 Posts: 6,908 ✭✭✭Alkers


    Call into the neighbours?


  • Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    Should any offer be made in writing? Sorry first time buyer here
    Talk to your solicitor, but mark it "Subject to contract. Subject to funding. Subject to survey".


  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭hesker


    Estate agents give nothing in writing so don’t bother with them.

    Make sure your solicitor establishes there is no right of way and ask him if a future claim could be entertained.

    Make it a condition of the purchase that the gate is removed and wall built up.


  • Registered Users, Registered Users 2 Posts: 12,881 ✭✭✭✭Calahonda52


    hesker wrote: »
    Estate agents give nothing in writing so don’t bother with them.

    Make sure your solicitor establishes there is no right of way and ask him if a future claim could be entertained.

    Make it a condition of the purchase that the gate is removed and wall built up.


    http://www.irishstatutebook.ie/eli/2009/act/27/enacted/en/print#part8-chap3

    “I can’t pay my staff or mortgage with instagram likes”.



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  • Registered Users, Registered Users 2 Posts: 65 ✭✭Leopardprint


    So should we talk to the solicitor before we make an offer or will they even entertain that in case we don't buy it?


  • Registered Users, Registered Users 2 Posts: 1,531 ✭✭✭hesker



    Not sure which point in particular you wish to highlight. Is it that it being a party wall that agreement is needed from both of the current neighbours.

    Admittedly building a wall may not be that easy but the important point is to determine if a right of way exists. In any case the solicitor will advise


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