Asking a Hypothetical Question For a Friend......

[ultramods]

Just say I had a friend who bought some land from a developer/business man last year, during the negotiations the developer said that the old derelict house next to the plot (that the developer also owned) would be demolished. My friend was pleased with this as the house is unsightly. The developer said he had applied to the council to get permission to demolish the building because it's in a conservation area and was waiting on a decision. To ensure the house was demolished, if the developer got permission, my friend ensued that this was written into the missives also stating that the planning permission reference would be provided and included in the missives. The planning reference never materialized so my friend did some digging and found out that the developer had asked the council years previously if they could demolish the building but the council said no because it's in a conservation area. He kept pushing the developer for the reference, just before the purchase date the developer then said he couldn't get permission, he was still lying insisting that he had just found out from the council. My friend decided to continue with the purchase and removed the demolition condition from the missives. The sale was concluded October 2017. Part of the sale condition was that my friend would put in a shared drive for his plot and the cottage plot at his expense and then both plots would share ownership of the drive.

 

Now suppose a year later the selling solicitors have now realized that the shared drive has not been included on the title deeds and is now asking friends solicitor to add it. Should my friend add it (if he has a choice)?

 

My friend is an honest and honorable person, however given how the developer was trying to deceive him during the purchase he now wonders if this is karma and that he shouldn't provide the shared drive on his land.

 

 

 

[Triassic]

I wouldn’t 

[ultramods]

1 minute ago, Triassic said:

I wouldn’t 

wouldn't provide the shared drive or wouldn't take revenge?

[newhome]

I don't think I would be inclined to add it in those circumstances but it would depend whether there was anything in the legal paperwork required me to do so. Title deeds seem to get cocked up all the time (mine are in relation to an access route through to a gate at the back of the property). 

[Triassic]

Wouldn’t provide the shared drive, it’ll only be trouble in the long run.

[vivienz]

It depends on how difficult the developer could make life for the friend. If not very, then I would feel under no obligation unless legally required to do so.

[Simplysimon]

wouldn't buy a house with a shared drive, too many problems can be encountered, tell vendor to sue his solicitor.

[CC45]

Shared drives only bring trouble.  Reduced house value as well?

[ultramods]

Thank you for all the comments, if this wasn't a hypothetical situation I would be passing them onto my friend.

[AliMcLeod]

After you've not passed on the comments, please do let us know what your hypothetical friend does not do.