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Contacting land owner

  • 08-10-2019 9:29am
    #1
    Registered Users Posts: 175 ✭✭


    Hi all,

    I have a bid in on a house. Likely to be accepted.

    Percolation area is on farmers land behind house. I would like to approach the man and see if he would be interested in selling me the quarter acre so I can take in the percolation area. Farmer doesn’t live beside field so I’m at a loss as how to contact him.

    Any suggestions short of hanging around a house I don’t own in an area I don’t live in in the hopes I catch the farmer😂


Comments

  • Registered Users Posts: 28,067 ✭✭✭✭drunkmonkey


    Don't go anywhere near the farmer, there should be a leeway to allow you to access the area if you need to, your solicitor should be pressing the seller to provide it if it's not already in place. If it's needed the seller should pay for it if the farmer wants money.
    If it can't be got you may have to reconsider the purchase.


  • Registered Users Posts: 175 ✭✭Ghetofarmulous


    Don't go anywhere near the farmer, there should be a leeway to allow you to access the area if you need to, your solicitor should be pressing the seller to provide it if it's not already in place. If it's needed the seller should pay for it if the farmer wants money.
    If it can't be got you may have to reconsider the purchase.

    Thanks, an easement will he sought by my solicitor before any purchase however, if I need to go digging up a percolation area in the future that is my thinking. Just bring it into my land and I don’t need to be concerned.


  • Registered Users Posts: 28,067 ✭✭✭✭drunkmonkey


    You need a leeway, that allows you to access the area if you need it. I went through it, the seller ended up paying 2k to nama for it.
    Leave this in the hands of your solicitor don't approach the farmer.


  • Registered Users Posts: 175 ✭✭Ghetofarmulous


    I understand but what if the landowner decides he wants to build or just ploughing through the area? An easement may not cover his right to do what ever he wants with his land. My solicitor will advise I’m sure but I though buying the affected land was best case.


  • Registered Users Posts: 28,067 ✭✭✭✭drunkmonkey


    That's the sellers problem they either need to buy that piece of land or get you the leeway. It won't matter if the farmer sells the land in the future you leeway stays in place.
    This isn't a cost you should be even contemplating covering.
    Get you solicitor to check it out unless the farmer is a good friend if not stay well away from him.
    This is going to delay the house sale one way or another if the leeway isn't currently in place.


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  • Registered Users Posts: 7,500 ✭✭✭BrokenArrows


    If it isnt something that you require for the sale to complete then worry about it after you close the sale.


  • Registered Users Posts: 175 ✭✭Ghetofarmulous


    Fair points. My solicitor will be applying for right of access. There is not currently a burden on the landowners folio so this will be a delay. Vendor should cover cost.

    Thanks all


  • Registered Users Posts: 19,017 ✭✭✭✭Donald Trump


    If you are getting a mortgage to buy the place there is a chance that they won't authorize it if they notice that issue


  • Registered Users Posts: 175 ✭✭Ghetofarmulous


    If you are getting a mortgage to buy the place there is a chance that they won't authorize it if they notice that issue

    For sure and I won’t be signing anything unless an easement for access is accepted by land owner. Current vendor will be asked to provide this before signing contracts. If this can not he done I will walk away.

    My solicitor would not allow me to sign unless above board. Delays are not my concern if legally I am covered. Again my biggest concern is if the land owner decides he wants to build or lay concrete over the percolation area on his land. I don’t know what rights I would have. For this I will be instructing my solicitor to advise.


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