Wayleave & mortgage

Gemma_22

Hi

We are buying a house that requires a wayleave to be signed for sewage pipes that run under next doors yard.

The estate agent said it was no issue and would be sorted on their end but 6 months later and we are about to go to drawdown and it still isnt signed.

Our solicitor said the bank probably wont let us drawdown without it in place.

Anyone have any experience with this sort of thing?

Fann Linn

Saw it happen a few years back when a Water line went through another person's land and no agreement in place. Everything was fine and dandy while they got along. When they fell out and person A started reducing and knocking on and off the water that's when the problems started. It was a matter then for solicitors and civil court cases.I

I personally wouldn't touch it unless all the paperwork was correctly in place.

DaraDali

Gemma_22 wrote: »

Hi

We are buying a house that requires a wayleave to be signed for sewage pipes that run under next doors yard.

The estate agent said it was no issue and would be sorted on their end but 6 months later and we are about to go to drawdown and it still isnt signed.

Our solicitor said the bank probably wont let us drawdown without it in place.

Anyone have any experience with this sort of thing?

We bought last yr when doing the survey our engineer found out the waste pipes rang from our house into the house next door before going to the sewer, but on the folio map they show to the sewer to the front of the house

the owner of the house got the wayleave signed off and the engineer reviewed it and the solicitor was happy took about a week, nothing from the bank BOI about it, the wayleave only came on the folio 6 months after we drew-down.

Gemma_22

Yeah our solicitor is saying if the wayleave is not signed when we try to drawdown, hes going to have to inform the bank about it to see if they are ok with it. He said there is a 60/40 chance they will be grand with it but after the amount of hassle we went through to get the mortgage those arnt really good enough odds.

I have been on to the estate agents constantly to get it signed as we are running out of time how hard can it be to sign it.

DaraDali

Gemma_22 wrote: »

Yeah our solicitor is saying if the wayleave is not signed when we try to drawdown, hes going to have to inform the bank about it to see if they are ok with it. He said there is a 60/40 chance they will be grand with it but after the amount of hassle we went through to get the mortgage those arnt really good enough odds.

I have been on to the estate agents constantly to get it signed as we are running out of time how hard can it be to sign it.

We were lucky our seller has a good relationship with the other neighbours. Just make it clear you need it done asap, think in total took us 2 weeks but mostly this was due the the delay with the slow solicitor than anything.

Dolbhad

Yes most banks won’t allow funds to be drawdown without a formal way leave in place.

Before, banks didn’t mind as long as you had the use of the wayleave for more than 12 years so it’s why you see a lot of wayleaves not registered.

However at the end of the year, the system will be changing if you don’t have both parties agreeing to the way leave which requires a court application to grant it, rather than the Land Registry granting it.

This is more time consuming and expensive which is why the bank (and you) would want the wayleave formally in place now.

Gemma_22

We have managed to get 4 out of the 5 required signatures - the last person is abroad and is posting it back but we need to sign this week so hoping the bank are ok with 4/5 & one in transit haha!!