Hi all,
We're in the process of buying a house (in Scotland) and the Land Register has thrown up two worrying burdens, that I'd appreciate your thoughts and experience on.
The history is that the house and it's neighbour were built on land purchase by what was British Railways, in 1977. There is a rail yard, and an active railway station, behind the rear garden.
The Burdens include the following text (I've simplified some of the terms, substituting "(we)" for me, and "(them)" for Network Rail);
Our solicitor is strongly advising against us proceeding with the purchase, for a couple of reasons. Firstly, this suggests that Network Rail (NR) can come along at any time and demand ground access to maintain, replace or add utilities.
Second, if we want to extend (which we do) then NR have rights to change the design, plus there is a decent chance that we would build on top of the NR utilities, increasing the risk of major upheavel if NR want to fiddle with their utilities.
Has anyone had any experience of similar burdens, especially for British Rail / Network Rail? Is it likely that NR will agree to release the burdens from the land?
Any other advice?
The obvious advice is to walk away, but the house is in the area we particularly want to move to, and properties in that area simply do not come on the market.
Cheers
Scott
We're in the process of buying a house (in Scotland) and the Land Register has thrown up two worrying burdens, that I'd appreciate your thoughts and experience on.
The history is that the house and it's neighbour were built on land purchase by what was British Railways, in 1977. There is a rail yard, and an active railway station, behind the rear garden.
The Burdens include the following text (I've simplified some of the terms, substituting "(we)" for me, and "(them)" for Network Rail);
1)the said subjects are disponed under burden of servitudes and rights of wayleave for the laying and maintaining of any sewers, drains, pipes, cables, telegraph and telephone poles
2)(we) shall satisfy (ourselves) as to the existence of any (of that list) and relieve (them) of all claims and and liability of every kind in respect of any future interference with said sewers and others due to (my) operations in erecting buildings in said subjects
3) before carrying out or commencing the erection of any buildings, (we) shall submit to (them) for approval, plans, sections and detailed drawings showing water supply and drainage connections ... and shall give effect to any reasonable suggestion made by (them)
Our solicitor is strongly advising against us proceeding with the purchase, for a couple of reasons. Firstly, this suggests that Network Rail (NR) can come along at any time and demand ground access to maintain, replace or add utilities.
Second, if we want to extend (which we do) then NR have rights to change the design, plus there is a decent chance that we would build on top of the NR utilities, increasing the risk of major upheavel if NR want to fiddle with their utilities.
Has anyone had any experience of similar burdens, especially for British Rail / Network Rail? Is it likely that NR will agree to release the burdens from the land?
Any other advice?
The obvious advice is to walk away, but the house is in the area we particularly want to move to, and properties in that area simply do not come on the market.
Cheers
Scott