Basement/Boundary

[Guest]

Hello, I wonder if someone could please give their thoughts on this matter?

I’m in the process of purchasing a property which has a small basement. The basement has an old coal chute which has since been tarmac’d over as part of a private road which runs adjacent to the property. The chute overhangs the boundary of the property on the deeds by 1m.

The conveyancing solicitor believed this needed to be brought to the attention of the lender.

This was raised in November and we’re still awaiting a response to this very specific issue. The rest of the mortgage has been approved and I have the final offer. This issue is holding things up as my solicitor is refusing to exchange until he has confirmation on this which is taking a long time.

I guess he wants the lender to know in case they reduce the value of the property.

We have discussed this at length as this has gone on a considerable time and I am frustrated because the coal chute is 1m2 of unusable space, tarmac’d over of which I’d happily brick up if it ever became an issue.

Do you think my solicitor is being overly cautious/pedantic over this? Or is he correct and I should bide my time, as frustrating as it is?

Thank you!

[des8]

Why should the lender be concerned about a disused coal shoot?
Who owns the private road?

Coal shoots and basements projecting under pavements, and first floor jetties above the pavement aren't unusual.

[UserN81]

The private road ownership I’m actually unsure of. It’s listed in the deed but it seems to be the developer who has built a handful of homes (quite a number of years ago! 15+) and I’m told there is a small upkeep to maintain but the seller has never contributed during his ownership.

I’m told the lender needs to pass this on and get approval from the valuation surveyor in case they deem the property to be worth less since this 1m2 chute protrudes outside the boundary according to the deeds.

I agree, I see this as very trivial but he’s insisted on raising this. Everyone who I have asked (albeit not a conveyancer) can’t believe he’s actually raised this to the bank. They’ve taken two months and still not answered.

Also, apologies I've just noticed I wasn’t logged in and this has posted in the wrong location. Sorry!

[des8]

Check on land registry to see if there is anyone listed as owning that road way.
It is possible that you actually own the freehold of the roadway where it abuts your land up to its centre point, but others have a right of way over it.
The original deeds might be enlightening, but probably no longer around.
Due to it being unusable by the owners of your house it might just never have been registered.
It has happened more than once!