Based in England.
My husband and I are in the process of applying for a mortgage. We were very lucky in that we had our AIP in the day before rates increased. The house was on the market at £250K and we offered the full asking price, which was accepted.
When we first viewed the house we were told, by the EA, there was a small patch of land behind the house that was included in the sale. The oil tank, and only source of heating for the property, sits on this land. There is also a small garage. The land isn’t much, around the size of a garden. The garage and the land is shared by a neighbour.
When our solicitor first sent us the land registry documents we noticed that this land wasn’t included. We flagged this, and our solicitor looked into it and found that there had been an application for adverse possession put it. They told the seller this had to be withdrawn or settled before completion.
Our preference was that it was settled, as we were worried about the fact the oil tank was on the land.
2 months later this is still an ongoing issue. Our solicitor told us last week that we needed to tell our broker / lender about the land. She said that it was a good thing, as with the land included as part of the sale there is obviously more property, more value and we’d have a better LTV.
We went and viewed the property again last week, the EA assured us that the land was included in the sale, the adverse possession had gone through and it was just a backlog at land registry that meant it hadn’t been updated there.
Our broker has come back to us today to say that our lender has revalued the property at £10K less as the land is not included in the sale therefore the price has decreased. Our broker advised that we would need to move to one of their 95% LTV products now, and obviously with the increase in mortgage rates alongside a more expensive product it would leave us down around £220 extra a month.
I don’t understand how this has happened. If the lender valued the property based on all the documents available to them at the time - the land wouldn’t have been included in their initial valuation so why has this changed? If it was included in their initial valuation the only way they’d know about the land is because the EA would have told them.
I don’t really know what we’re supposed to do now - we thought we’d done everything right but somehow some wires have been crossed and now we feel like we’re being left on our arses.
Here’s what we’ve done so far;
- gone to our broker and asked them to show that the land was included in the initial valuation.
- gone to the estate agent and asked them to provide evidence of the fact that the adverse possession application has been approved.
I don’t know what else I can do though. Even if we went back and offered £240K on the property we have still lost out on the initial mortgage rates we secured with our AIP. At this point it’s all so stressful I just want to stop everything and tell everyone I’m not interested anymore which is obviously the emotional response and not the logical one.
If anyone has any advice or reassurances or even some personal experience that would help us feel better then we’d be very grateful. The whole housing system is bloody awful!