Can a sale fall through if estate is not taken in charge?

Discussion in 'Mortgages and buying and selling homes' started by LByrne, Mar 20, 2017.

  1. LByrne

    LByrne Frequent Poster

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    I am in the process of buying a house.. I have been asked by surveyor if the roads/footpaths and services have been taken in charge of by the County Council... I have been informed that the County Council have not taken them over by they are in the advanced stages (which could take months) The estate only has 4 houses it just comprises of a small road into the estate and 2 street lamps.. Each house has its own septic tank there is no management company as there is no green are etc.. However there are footpaths.

    My questions is can a sale fall through based on this?
     
  2. Setanta12

    Setanta12 Frequent Poster

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    No. But are you ready to live in an unfinished estate for a few years etc .. .. ..
     
  3. LByrne

    LByrne Frequent Poster

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    its not an unfinished estate.. All the kerbing, road into estate is tarmacked, it is in perfect condition all the estate comprises of is a 300 meter road with footpaths on either side and 2 street lamps.. Only 5 houses was planned to be built and that is all that is there and they are all occupied.. it is in a rural area so everyone is in charge of there own septic tanks
     
  4. CPM_81

    CPM_81 New Member

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    How did the other three houses get mortgages? I think you should get advice from your solicitor. Probably nothing to worry about.
     
  5. Setanta12

    Setanta12 Frequent Poster

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    I think I said 'No'. A sale can go ahead.
     
  6. LByrne

    LByrne Frequent Poster

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    The three houses were bought from the developer when he was still in business and was taken liability for entrance etc.. I just have been reading on a few boards that people said sales fall through so I was wondering if anyone had any experience on the matter
     
  7. Chino123

    Chino123 New Member

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    You should have no problem here.I'd reckon 90% of estates built in the last ten year are in the same situation. What bank are you borrowing from?
     
  8. LByrne

    LByrne Frequent Poster

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    I am borrowing from EBS.. there is no management company in place but septic tank is on own property as in own system there is no green area etc just a road.. I just hope it won't cause issues
     
  9. Chino123

    Chino123 New Member

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    Might just cause small delay as your solicitor will prob want to qualify title with bank as its their money you will be using and they need to be made aware. In my experience the banks will lend and you just have to be aware of the downside if the council for whatever reason refuse to take charge of the estate in the future.
     
  10. LByrne

    LByrne Frequent Poster

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    Was speaking with the solicitor this morning and he said he needs a letter in order to go through with the sale confirming that the road and services are in charge of the county council.. But I cant get this letter as they aren't.. So the sale cant go through then?
     
  11. Chino123

    Chino123 New Member

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    Your solicitor should be advising you better here. You need to get confirmation from council so speak to the planning section or get your solicitor to send the request. The developer would normally lodge a bond or insurance with the council that council could use if any work is needed to be carried out prior to them taking over the estate. So need to clarify if bond had been called in or elapsed. Once this is answered provide details to EBS and they should have no problem either way
     
  12. LByrne

    LByrne Frequent Poster

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    he said he might have issues "qualifying his title with the bank" what does that mean?
     
  13. Chino123

    Chino123 New Member

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    He is only covering himself by saying this, EBS need good title if they ever needed to repossess the house and sell and they need to be made aware of the fact the estate is not yet taken in charge. You will have no problems ESB will lend here, dont worry just keep pushing on.
     
  14. LByrne

    LByrne Frequent Poster

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    Thank you very much for your responses... Will he not be able to provide good title based on this? If he cant you are saying that EBS will still lend even though this is against the title?
     
  15. Chino123

    Chino123 New Member

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    The banks would come to a standstill if they stopped lending against estate's not yet taken in charge. your solicitor is making a bigger deal out of this than it really is.