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Menie

Buying A House

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Hi

On the Property register of the house we are planning to buy I have the below:

""

"2 (16.12.2004) The land has the benefit of the following rights

granted by the Conveyance dated 16 May 1955 referred to in the

Charges Register:-

"TOGETHER with the right of way for all purposes for which the

same may lawfully be used over the land coloured Brown on the said

plan and TOGETHER ALSO with the right to instal and maintain

thereunder all such pipes wires and other apparatus as shall be

necessary to enable a supply of water and electricity to be given

to the land hereby conveyed AND TOGETHER ALSO with a right of way

for all purposes for which the same may be lawfully used over the

roadway coloured Yellow on the said plan the Purchaser paying a

fair proportion of the cost of maintaining the same until the same

shall be taken over by the Local Authority"

NOTE: The roadway coloured brown and yellow referred to is that

part of cross Lane leading from the land in this title into loir

Road.

""

What does that exactly mean? I have Water and electricity pipes coming underground in my garden and I have to pay for maintenance?

Seems bizarre?

Also I read often that doing a full structural survey ends up often useless.. is that really true? I mean are they not able to get a proper report on the foundations, walls, roof, ceiling, floor etc etc..

Thanks in advance for your help

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Difficult to be certain without seeing the full plans etc. But broadly it means that in order to access your property (presumably coloured red on the plan) you have to cross a road that does not belong either to you or the council. However you have a right of way over it. Additionally you have a right to lay services pipes and cables under it.

In general you have no right to cross somebody else's land or to dig it up for services, but you can be granted a right of way or an easement.

And yes, as it's an unadopted ("private") road you have to pay for maintenance.

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And yes, as it's an unadopted ("private") road you have to pay for maintenance.

Or more likely, no-one pays and no maintenance gets done

tim

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The maintenance relates to the roadway and not the cables. I'm surprised the LR chose to verbally describe the road colourings on the conveyance plan given that it is not clear how much of the roadway was coloured yellow and how much was coloured brown.

A better option would have been to add a note to say;

Note: The land coloured yellow and brown referred to is tinted yellow and blue respectively on the filed plan.

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  • 312 Brexit, House prices and Summer 2020

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