Right of way issue

seansouth35

Went sale agreed on a rural cottage last October and still waiting to finalise, due to the seller being unable to get a hold of the neighbouring farmer to get him to sign a right of way declaration (the seller has used a short laneway belonging to the farmer to access the property for past 30 years). Neither my solicitor nor the seller's solicitor seems to be much help on this issue, but if the farmer can't be contacted (or made to sign the declaration) is that it? The sale cannot go through? The incompetence of both sets of solicitors regards this sale has been staggering, so nothing would surprise me at this stage, but has anyone else been in this situation? Any advice, short of me doorstepping the farmer?

Claw Hammer

The first rule of dealing in property is to get yourself a good solicitor. In my experience blow-ins to rural areas get badly treated so make sure your access is absolutely guaranteed before continuing with the transaction. There is no such thing as a farmer who can't be contacted. Something else is going on.

seansouth35

Thanks and yes get the feeling the seller is not telling me something. They are on their third solicitor (apparently due to power of attorney issues), but close to withdrawing and lessons learned for next time.

Markcheese

Do you know anyone locally - even a friend of a friend , who could ask around to see if theres an obvious problem ?

You dont want to be left hanging for-ever ..you may need to put a deadline in place ,

And you'll need to agree a fee with your solicitor for work done

Do both solicitors seem a bit crap or could 1 or both have been put in a difficult spot , possible by the vendor .. ?

seansouth35

Thanks for the comment - unfortunately I have no connection to the area. I know the farmer lives close by and their family has been in the area for generations. The vendor's sister is handling the sale and so lots of things that should have been sorted before it even went on the market were not, and the process has dragged on for months. Given the location/cost it's a great deal and so unless something else comes up, will probably give it another month or so. Tempted to write a letter to the farmer to try and get to the bottom of it, but that might do more harm than good.

mrslancaster

https://www.boards.ie/discussion/comment/120658938#Comment_120658938

Know someone who was looking at a cottage last year. There was a right of way, not highlighted by solicitors but it was registered and the details were on the land registry folio. They didn't go ahead because of it.

tom1ie

https://www.boards.ie/discussion/comment/120658938#Comment_120658938

Instead of writing a letter could you actually call out to meet the farmer and enquire what the status is?

You wouldn’t be pressurising him just wondering what the setup is for your own info?

AnRothar

https://www.boards.ie/discussion/comment/120658938#Comment_120658938

Is a probate sale or is there some other reason that the vendors sister is involved?

size5

https://www.boards.ie/discussion/comment/120658938#Comment_120658938

My Dad had a similar issue with a house he purchased down the country. The drive way to get to the house was through someone else's land. His solicitor suggested writing to the person. However my Dad took the issue on himself and basically arrived unannounced for a cup of tea. Explained the problem Farmer laughed and said no issue and within 7 days had all the documentation he needed.

My point is that writing a letter, it can be put on the long finger, can the person read, can they type a reply. You are already waiting around for a reply for quite a while. Find out from your solicitor exactly what you need to get/sign and just call up in person. These days we nearly ask for permission to ring someone. Call in person explain the situation at least you will find out quickly one way or the other.

Hope all goes well

arctictree

We had a similar situation except it was a boundary issue. Solicitors spent months writing letters to each other. Eventually I just approached the land owner and staked out the boundary. Problem solved.

seansouth35

Thanks for the comments; some good advice. I posted a letter yesterday explaining who I was and if no reply will go down to him next weekend. Obviously this should be done by the vendor or their solicitor but they seem to be completely clueless. Could be they have not tried hard enough to get in touch, or could be the farmer has no intention to help any sale go through. Either way will try to find out before withdrawing.