House sale septic tank enquiries

[pineapple]

On the point of contract exchange and we have received yet more queries from the purchaser's solicitor.
I live in tiny hamlet with a communal septic tank in an adjoining field which is owned by the local farmer.
The deeds show right of access for maintenance and repair subject to making good any damage to the land in the process. However there is no defined access route.
Contractors etc tend to use the shortest route from the lane to the tank which is close to edge of the field - 20 yards or so away. Been here 10 years and some neighbours over 20 years and it has never been an issue.
However I have been asked to provided 'satisfactory evidence' of a defined right of way and if not, pay for some form of insurance for the purchaser. I'm guessing some form of indemnity insurance probably with an annual cost?
I've spoken to other residents including someone who moved in recently and their solicitors did not request this.
Is it a reasonable request do you think?
Thanks

 

[Bosswhite]

I would have thought it was the Purchasers Problem not yours.

Has the Farmer changed the conditions of the field and access ?

 

[pineapple]

No changes. Legal right of access is stipulated in the deeds but there isn't a set route and it hasn't been a problem since the tank was first built.. Insurance surely won't change that and I just think they are being picky.

 

[conny]

Insurance policy will probably be a one-off payment byyou.

I was advised to take one out by my conveyancer, (£110.00) because, although I didn't need planning permission for a conservatory I had built, I did need Covenant Consent from the lease holder, (local council). The buyers wouldn't accept the indemnity and wanted Retrospective Consent. Had to apply for this and it cost me £250.00 instead but at least it stopped the sale falling through.

Ask the farmer if there is a designated route and if so can he mark it on a plan for you. If there isn't ask him to sign a letter to that effect and offer to pay the fee a solicitor would charge to witness it. Against the cost of losing the sale it would be a small price to pay.

 

[Bosswhite]

It will be worth asking your Solicitor if there is Wayleave or Easement for this Septic Tank, as it is communal, other neighbours would be involved,

Probably over the years it has ben accepted as a right of way to maintian, empty etc the Tank , There should be more information on the deeds of the property If not the deeds would have to be altered.

So long as there is a wayleave consent on the deeds , I would have thought it was up to the Purchaser to arrange Insurance regarding Drainage problems, If they felt they needed Insurance Cover

http://www.cla.org.uk/rural-policy-.../telecommunications/rural-broadband/wayleaves

 

[pineapple]

We all have a right of access stipulated in our Deeds. Can't remember whether the words wayleave or easement were used - my solicitor has the Deeds. Will check this out thank you. The problem is the buyer's solicitor seems to want to see an actual access route/right of way marked on the plans
There are actually only two sensible options for entering the field to access the tank and people use either - depending on whether they need to carry equipment. Maybe the solicitor fears the farmer will suddenly decide that all access has to be via helicopter or by parachute.

 

[Dave54]

If there's a wayleave on the deeds, then it's the end of story as far as I can see. Solicitor justifying fee. Having gone through all this type of thing a few of years back when selling my late mother in law's house, they seem to pick up o every silly little thing that has never been a problem, and want all the details of stuff there has never been detail to. I swore personally that the next time I sell, when they start this silly looking for non existent problems business I shall say "Right, you don't want it then" House sales are a nightmare without this sort of nonsense!

 

[pineapple]

It's 10 years since I bought or sold a property but I moved frequently before that. I don't remember it being half as stressful.
Goes off in search of New Years Eve port and to beat head against wall.....

 

[Dave54]

It's 10 years since I bought or sold a property but I moved frequently before that. I don't remember it being half as stressful.
Goes off in search of New Years Eve port and to beat head against wall.....

I agree bout the stress! We hadn't sold for about 15 years before that, and I definitely thought it had got worse than it used to be. We were in a different situation because we were answering the questions for MIL, who had the start of Alzheimer's at that time, and so was having trouble remembering stuff. However we found that "Not to the best of my knowledge" was a useful phrase, and our (very good) solicitor agreed that covered the questions we didn't have the answers to.
Good luck with your sale. I'm retreating into a bottle myself just at the thought of it all!

 

[pineapple]

However we found that "Not to the best of my knowledge" was a useful phrase, and our (very good) solicitor agreed that covered the questions we didn't have the answers to.

Oh I'm working on a whole collection of phrases.
My understanding is..
So far as I am aware...
I believe that....

I'll add yours ta!

 

[Biker1959]

Recently sold a detached house, taking a semi in part exchange. Both houses freehold, on the same estate. (After the sale we found that the deeds were virtually identical) However, the other chaps Solicitor was insisting on all sorts of idemnity policies which my Solicitor claimed were unnescessary in view of statements made by me in the sale contract. In the end the other chap paid for his own idemnity so as not to lose the sale. The moral of the story is that some Solicitors have a default setting:if in doubt, take out an idemnity insurance policy.

 

[Dave54]

Recently sold a detached house, taking a semi in part exchange. Both houses freehold, on the same estate. (After the sale we found that the deeds were virtually identical) However, the other chaps Solicitor was insisting on all sorts of idemnity policies which my Solicitor claimed were unnescessary in view of statements made by me in the sale contract. In the end the other chap paid for his own idemnity so as not to lose the sale. The moral of the story is that some Solicitors have a default setting:if in doubt, take out an idemnity insurance policy.

Which of course they are happy to arrange for you. . .

 

[Biker1959]

Recently sold a detached house, taking a semi in part exchange. Both houses freehold, on the same estate. (After the sale we found that the deeds were virtually identical) However, the other chaps Solicitor was insisting on all sorts of idemnity policies which my Solicitor claimed were unnescessary in view of statements made by me in the sale contract. In the end the other chap paid for his own idemnity so as not to lose the sale. The moral of the story is that some Solicitors have a default setting:if in doubt, take out an idemnity insurance policy.

Which of course they are happy to arrange for you. . .

Yes at £150 a pop!