Site easements for mortgage

[Roger928]

Why do mortgage companies refuse mortgages if a sight line easement (90 meters long and 2.4m back from the verge of the road) unto a main road is not possible?
And why has the planning office not insisted on the "easement" before construction commences?
Have a neighbour building a new home.

I've seen the drawing now and it will impede 70m into my property. Which is to the left as he exits.
Which is unacceptable.
To the right (as he exits) he has only about 13- 14m as the neighbour on that side has refused the easement.
And the easement to the "right" as he exits would seem rather more important.

He gave me his "word" he won't be constructing the necessary easement.
But his "word" would ring hollow if the "easement" is enforced by another party.

 

[^woody^]

I don't understand any of that

 

[tomfe]

Why wouldn't they refuse it, if a site has no access then how can it be accessed?
If it's an existing property there might be assumed easement but you can't get planning for a new house with no access to it that is just mad.

 

[Roger928]

The site has had access for many years. His brother has already built his home on the land.
Either this sight line "easement" malarkey wasn't enforced when he built or perhaps he just didn't need a mortgage.
All I know is that the current guy won't get a mortgage without the "easements".
Which covers a total distance of 90 meters.

These are "sight" line easements btw. So that you can see traffic coming.

 

[tomfe]

Arrrr, yes many lenders would not accept that. A solicitor would normally suggest that additional land be purchased.
What ever happens title deeds need to indicate the easements, a 'word' is not enough.

(It's been a long time since I had to deal with this sort of thing so it might have changed however depending on when the property was built planning did not really understand nor enforce)

 

[Roger928]

A solicitor would normally suggest that additional land be purchased

Which can only happen if the owner is willing to sell.

 

[Footsoldier888]

No you don't need to sell your land in order to grant an easement to someone.

If you are saying the visibility splay is going over your land then you are in a fantastic position. The highways agency would soon close him down as regards vehicle movements if this was the case.

If you are in that lucky position you need to get hold of a land agent, the only person who can enforce the visibility splay issue is yourself. It is not the job of the planners or highways agency to involve themselves in land disputes.

If it has gone on for a long time like over 20 years he may be able to claim an easement on the basis he has done this openly and you did nothing to stop him.

 

[^woody^]

Has the OP and other posts been edited from "site easement" to "sight line easement" so that it's clearer today than it was yesterday? Asking for a friend.

 

[motorbiking]

Highway approval is only for Trunk / classified roads. If it isn't then he wont need permission.

 

[bernardgreen]

It is not the job of the planners or highways agency to involve themselves in land disputes.

Highways Departments can in extreme cases become involved and if there is a hazard then Highways may require an entrance to the highway to be re-located or altered to reduce ( prefereably eliminate ) any hazard created by using the entrance. They may get involved if what was once a quiet lane becomes a busy road.

Highway approval is only for Trunk / classified roads.

They get involved in the planning aspects of new developments on un-classified roads in this area.

 

[endecotp]

Has the OP and other posts been edited from "site easement" to "sight line easement" so that it's clearer today than it was yesterday? Asking for a friend.

Yes. Note the thread title has not changed.

 

[Roger928]

Yes "Sight Line" easement is what I should have posted.
I'm still baffeled as to why a mortgage company are demanding it.
The house is half built and ready for the roof slates.

 

[^woody^]

Do you know what an easement is? It's still confusing.

Will you be the servient landowner or the dominant owner?

 

[Roger928]

Will you be the servient landowner or the dominant owner?

No idea what that means.
My neighbour wants me to sign over a chunk of my farm land for free so he can get a mortgage.
Is that any clearer?

A "sight line easement" I've learned is 90m long by 2.4m wide.

 

[endecotp]

My neighbour wants me to sign over a chunk of my farm land for free so he can get a mortgage.
Is that any clearer?

Yes, that is clearer.

You should get a solicitor to advise you, and your neighbour should pay your solicitor's costs. The solicitor will explain what an easement is. It sounds like you perhaps don't really understand at this point.

"For free" is surely his starting offer. You can negotiate. But if it's farmland, and all that's required is an obligation on you to not do anything to interfere with existing sight lines, and you weren't planning to do anything of that sort, then as a good neighbour you might consider accepting only a small or token payment. On the other hand, if the land in question has development potential and he this would prevent you from building a row of million-pound houses, then you should ask for a million pounds.