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houses-do-my-head-in

Rights Of Way & Access

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Hi all,

I had an offer accepted for an old end terraced house back in September. built 1848. I havnt pestered the solicitor and just let them get on with it. Went in today to sign bits and pieces/agree a completion date etc etc.

Solicitor asks "there is no shared passageway with the adjoining terrrace is there"?

me" yes theres a passageway running between "our" house and the next one"

solicitor " ahh theres a slight problem as according to landregistry you wont have access". i will check if the seller has old deeds and that the info was missed when it was transferred over to land registry. failing that, i will make seller take out an indemnity insurance policy.

me" what does it cover for?

solicitor" future loss of value and stuff like that"

hmmmmmmmmmmmmmm

i can obviously still get access to the mahooosive patio and garden by using the front door and walking through the house to get to the back door, but not ideal for wheelie bin and things like that.

thoughts? >_<

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the house we have "bought" is the one on the left.

one solution might be to remove a section of the hedge and put a gate up on the left hand side of the house. would i need planning permission for that? the area where the gate would lead on to is the council garage area shown in the photograph.

Edited by houses-do-my-head-in

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Hi all,

I had an offer accepted for an old end terraced house back in September. built 1848. I havnt pestered the solicitor and just let them get on with it. Went in today to sign bits and pieces/agree a completion date etc etc.

Solicitor asks "there is no shared passageway with the adjoining terrrace is there"?

me" yes theres a passageway running between "our" house and the next one"

solicitor " ahh theres a slight problem as according to landregistry you wont have access". i will check if the seller has old deeds and that the info was missed when it was transferred over to land registry. failing that, i will make seller take out an indemnity insurance policy.

me" what does it cover for?

solicitor" future loss of value and stuff like that"

hmmmmmmmmmmmmmm

i can obviously still get access to the mahooosive patio and garden by using the front door and walking through the house to get to the back door, but not ideal for wheelie bin and things like that.

thoughts? >_<

Indemnity insurance is of use ONLY if a registry search does not reveal any deeds for the piece of land. What would happen then (IANAL by the way, and live in Scotland so do your own research!) is that your solicitor can place a claim on the land when drafting the new deeds. If nobody come forward in the next 10 years, it's yours. If someone proves that they own the land within the next 10 years, the indemnity policy will reimburse for the cost of that land only. This could prove to be an issue, for example if the owner 'values' the land higher than an independent valuation.

That's the extent of my experience and I've no idea what would happen if your new neighbour got wind of your claim, and decided to challenge it. Shared access perhaps?

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<snip> your solicitor can place a claim on the land when drafting the new deeds. If nobody come forward in the next 10 years, it's yours. If someone proves that they own the land within the next 10 years, the indemnity policy will reimburse for the cost of that land only. This could prove to be an issue, for example if the owner 'values' the land higher than an independent valuation.

That's the extent of my experience and I've no idea what would happen if your new neighbour got wind of your claim, and decided to challenge it. Shared access perhaps?

A shared passageway cannot be claimed by squatters rights as no one has exclusive access to the land (involve fencing off the land in question)

We seem to be talking about rights of way/easements. If the property being sold has enjoyed the use of the shared passageway even without legal easements, then a right of way may have been acquired by prescription if it can be shown to have been used continuously for a period of twenty years. In the case of a shared passageway i would have thought that it would be straightforward if the previous owners are still alive.

Land Registry guidance

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