Solicitor requires futher info-how do I get it?

[rustbucket]

Hi

Solicitor received contracts for house we are buying and is happy enough but requires 2 bits of info

1. You obtaining a Structural Survey and Planning Search. The map of the property is marked “59” for registration purposes but it is now called 61. Please have this checked by the Architect.

We already had a structural survey done and are happy with it. How do we go about checking that the registration and planning are ok?

2. It appears a joint porch extension with the neighbouring house was carried out approximately 45 years ago and you would want to get the Architect to check this to make sure that it is now exempt development.

This is in relation to the front porch which is literally a concrete square arch over the front door that is shared with the neighbour.

We have already forked out for 2 surveys in the last 2 months. Not sure I want to pay for another one....any advice...can I do this myself

 

[Mopsy]

Maybe during the original build it was SITE 59 as plans of houses being built are always given site numbers for registration purposes.
Numbers on doors can vary. This could be checked in the planning department of the county council/corporation or UDC where you are buying.

Your Solicitor may be in a position to check registration????? No doubt, you are paying him fees to do all this legal work?

You could also find out from council/corporation regarding the porch.........surely it has to be exempt from planning and the planning officer there would be in the know.If it shared with your neighbour, now might be a nice time to introduce yourself and maybe they had a similar situation if they are not long in the house?

 

[rustbucket]

Maybe during the original build it was SITE 59 as plans of houses being built are always given site numbers for registration purposes.

I would say this is more than likely what happened. But where does that leave me legally. Is there legally a numbe 61. Can Number 59 claim our site as theirs down the road?

Numbers on doors can vary. This could be checked in the planning department of the county council/corporation or UDC where you are buying.

Rang the planning department and they are useless. Said that this would be to do with the Land registry not the planning department. Also said they could do a search to see if there was a file but there is a fee of €31. Said that the fee stands even if there is no file

Your Solicitor may be in a position to check registration????? No doubt, you are paying him fees to do all this legal work?

I am. so I am confused as to why he is asking me to get this

You could also find out from council/corporation regarding the porch.........surely it has to be exempt from planning and the planning officer there would be in the know.If it shared with your neighbour, now might be a nice time to introduce yourself and maybe they had a similar situation if they are not long in the house?

Same info they gave me as above....

 

[MOB]

"Your Solicitor may be in a position to check registration????? No doubt, you are paying him fees to do all this legal work?"

The solicitor has received title documents. The title documents apparently refer to the property as being a site numbered "59". The house, on the other hand, has a postal address of "61". This is a discrepancy. A diligent solicitor will want to make sure that the discrepancy can be explained. The solicitor can resolve this in various ways:

1. Bring the discrepancy to the attention of the client; make sure the client investigates, takes advice of architect if necessary; get instruction from client that the discrepancy has been resolved to client's satisfaction.

2. Send the title map to an architect; ask the architect to check the title map against the property and give a written report. Add architect's fees to the bill.

3. Ask Vendors solicitor to resolve the discrepancy at vendor's cost;

Problem with method 2 is that client might say "I never asked you to incur this expenditure". Problem with method 3 is that you may be merely taking the vendor's word for something, or possibly relying on a report from an architect who you don't know and didn't hire.

Checking that that the property which physically exists on the ground is one and the same as that described in the title is no part of the solicitor's job. The solicitor examines documents. I should say that for one-off houses and such like, solicitors will usually look for a "Declaration of Identity" which is basically an architect swearing "I looked at the property as mapped on the title deed; I looked at the property as it physically exists; they are one and the same".

 

[rustbucket]

Thanks MOB. Usefull info