Hi, I'm wondering if anyone can help me,?
we are due to complete on Monday 14th October however my buyers solicitors are now requesting a copy of a tree preservation order on a single tree in our garden, however I've never had a copy of this even when I bought the house 8 years ago and to request a copy the council want to charge fee of £55!
But what I'm really annoyed at is why have they taken to long on request this so close to completion? Plus the council have been super slow at sending documents so I feel the will delay the process even more.
Are we legally obliged to pay for the copy and send it to their solicitor or can I refuse to pay this?
I should also mention that the house were selling is on a discount for sale property similar to shared ownership therefore putting a large extension on the property would not be allowed as it has to remain affordable to first time buyers and the protected tree is at the top of the garden so it would never cause a problem if they wish to add a conservatory on etc.
I'm not a solicitor, but my experience in house buying. No, you are not legally obliged to pay this, but the sale could fall through based on it. I would just do it.
We had a similar thing when we bought our place, the sellers needed an insurance, something to do with the boundaries I think, and they had to pay it, otherwise our solicitors would not continue. Remember solicitors are all about mitigating risk, and if there is something that hadn't been flagged up or dealt with, they can be sued.
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