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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10610
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am due to exchange on the new house tomorrow (and go on holiday

Resolved Question:

I am due to exchange on the new house tomorrow (and go on holiday on Friday). Everyone in the chain has worked around these dates.
The solicitor called late afternoon to tell me not to proceed as the roads havent been adopted. The house is 14 years old and on a development with similar properties (most of which have bought and sold over the years).
Is she just covering herself but this must be common problem for brand new builds too?
She says she has contacted the council 8 weeks ago but they cant promise when they can reply or if they will then confirm their plans to adopt.
I have a huge decision to make overnight but no time or chance to speak to anyone.
many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Did your Solicitor give any indication to what the Council said was the delay?
Is the property on a large development, built by a well known national house builder?
Are you having a Mortgage?
I look forward to hearing from you.
AL
Customer: replied 3 years ago.

Hi Al

Apparently they havent been able to confirm either way if/when it will be adopted. (due to backlog etc they havent been able to look into it).

House was built by Alfred McAlpine in Approx 2000. There are approx100 houses on the development, which was the 3rd phase of a development initially started around 1992. Since 2010 there is another very large development being built by Taylor Wimpey, Persimmon, Martin Grant behind the houses in the next close.

The house is £245,000 and my mortgage with Nationwide is £39,000.

Not sure if she is covering herself or if I really wont be able to go against her advise and proceed?

thank-you

Expert:  Aston Lawyer replied 3 years ago.
Hi,
Thanks for your reply.
It is unusual but not the first time that it has taken a Developer a long time to adopt a road. I can't really give you a definitive answer as to which way to proceed, but can confirm the following-
1. The Council should be able to let you know more or less what the delay is. A simple phone call is usually all it takes and your Solicitor or you should contact them again tomorrow.
2. Obtain confirmation from your Solicitor that when the property was first sold to the first owner whether there was a covenant given by Alfred McAlpine to adopt the road. If there is, there is very little for you to worry about.
3. As it appears to be a large development, and developed by a national Builder, it is in everyone's interest to get the road adopted, sooner or later.
I would therefore hope that all will be OK, and you can of course instruct your Solicitor to proceed if you wish. However, the only sticking point is the Nationwide. Your Solicitor acts for them as well and will need to check their requirements. Normally, provided the Developer gave a covenant in the original Transfer to adopt the road and there is an Agreement between the Council and the Developer (called a Section 38 Agreement), Banks/Building Societies are normally happy for us Solicitors to proceed. You will, however, have to check this with your Solicitor.
I hope this assists you and answers your question.
Kind Regards
AL
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