Please Help Moving House But Stuck

[Rick888]

hi all

we have sold our house but the buyer has picked a fault with the paperwork.

our deeds day our garage is attatched but we have a detatched garage (its a prefab single storey non pitched roof garage)

we took out the building indemnity charge but hes still not happy with this, he wants to see proof its allowed to be built and standing there

we were told if we go to the council to see if we had planning permission then we wont be able to take out the indemnity insurance.

we also need covenant consent (i believe this is the ok from the builder?) i thought this was vito'd after 10 years

so who do i contact, as my solicitor and his are terrible

thanks in advance

 

[freddiemercurystwin]

If it's been built for four years or more it's effectively now a legal structure and immune from any kind of planning enforcement so immunity policy is a complete waste of money, serves no purpose but does give the solicitor a financial kick back. Its called the 'four year rule' - google it. Your solicitors are pair of tossers. And furthermore depending on it's position and size it's quite possible it never needed planning permission in the first place.

 

[Rick888]

If it's been built for four years or more it's effectively now a legal structure and immune from any kind of planning enforcement so immunity policy is a complete waste of money, serves no purpose but does give the solicitor a financial kick back. Its called the 'four year rule' - google it. Your solicitors are pair of tossers. And furthermore depending on it's position and size it's quite possible it never needed planning permission in the first place.

oh wow ok thankyou for your help

what about the covenant consent on the deeds ? we found consent for an attatched garage but we have a detatched garage,

yes our solicitors are a complete waste of time, im now having to do their job

 

[John D v2.0]

Oh no we had exactly the same problem, a garage that wouldn't need planning and every single house in the row has a garage in the same place. However none are original, and on the deeds in 1924 it said to the original developer that no building is allowed to be erected costing less than 400 pounds in material and labour, and no new buildings without that land owner's consent.
Anyway, they said we had to pay an indemnity for the mortgage company in case someone forces us to knock it down, and when I told them they're having a laugh they said they have to act for the mortgage company and if I refused it would be a conflict of interest. I even pointed out we're knocking it down in a couple of years as it's in a stupid position, but they didn't care to listen. So that was the worst use of 150 pounds I've ever had.

 

[John D v2.0]

Oh and I never asked the sellers to pay for they indemnity as it was down to our paranoid solicitors not being allowed to use common sense.

 

[Nakajo]

"im now having to do their job"

You're not the first

 

[OwainDIYer]

my solicitor and his are terrible

You can't do much about theirs (except threaten to put the property back on the market and seek another buyer), but you can raise a complaint with the solicitor in charge of complaints at your solicitor's firm and ask for your matter to be transferred to somone else more competeent, or in the last resort instruct another firm.

 

[John D v2.0]

But I think the problem is the buyer, so changing his solicitor would not help.
Basically I'd tell the buyer it was fine for me, you've done everything reasonable, so either he wants to go ahead at the agreed price or you'll put it back on the market. Otherwise you'll be arguing for ever!

 

[Rick888]

the main issue is that our buyer isnt accepting the indemnity, they want it to be crystal clear and above board, not sure if the solicitors havnt told him what it is, and that it covers all areas

can i ring kier and ask them to change the attatched to detatched? we didnt build it it was there when we moved in,

also shouldnt this have been picke up when we bought the house from our solicitors

 

[John D v2.0]

You've just posted the planning permission. I thought it was the deeds that were the problems?
The planning permission isn't an issue due to the time. Post the relevant section from the deeds of anything!

 

[Nakajo]

Ah Glanford Borough Council. Fond memories.

 

[Rick888]

sorry my mistake

 

[John D v2.0]

When was the garage built? What do the drawing mentioned show?
If the drawings show the current garage you're in the clear and the description is wrong.
If not then the garage may have been rebuilt since permission was granted.

 

[Rick888]

When was the garage built? What do the drawing mentioned show?
If the drawings show the current garage you're in the clear and the description is wrong.
If not then the garage may have been rebuilt since permission was granted.

we do not have it as this only came to light at 4;45 on friday so didnt have time to get anything else from the old solicitors.
I will contact them on monday morning to see if they have a drawing. It has never had an attatched garage its always been detatched.
I will find out when the garage was built from the neighbours they know everything ha ha.
If the drawings show a detatched garage and the wording is wrong how can i convince my buyer its all ok ? as i think he wont be happy with me saying i got the info from online ha ha
We have been here 6 years and had no problems the date on the application say 2008 and that it was already a copleted building.

 

[Rick888]

Ah Glanford Borough Council. Fond memories.

how did you know that from my first pic?