Conveyancing with access dispute - 'Good and marketable'.

[Rapidon]

We have had an offer accepted on a property which has numerous issues. The seller is elderly and keen to complete so he can enjoy the money. As such, we have agreed to purchase with the issues outstanding, without conducting searches. The issues are reflected in the price and it will be a freehold cash purchase.

One of the main issues is an access dispute with an adjacent property which is part of the same building. There is a bit more detail about it in a thread I made last year (linked).

I have read that conveyancers check that a property is 'Good and Marketable', including checking access; however, I am not clear whether this is part of searches (not requested), or a statutory part of conveyancing. Furthermore, I am not sure whether the access issues would prevent a sale, or if the conveyancer will merely raise it to our attention, to which we can simply say 'we wish to proceed anyway'.

Does anyone know how the access dispute will impact the conveyance process?

Thanks

[dslippy]

It is part of the solicitor's retainer that he certify to you that there is a good and marketable title. It is his job. His file should be left with it clear that you waive that duty. Be very clear with yourself just what you are doing. You are paying money for something you may be able neither to use nor to sell.