| Archive for Downsizer For an ethical approach to consumption |
| Jera |
Access not on deedsDoes anyone know legally where you stand when existing and used access isn't on the deeds?There are quite a few gates onto land we are buying that we were told were legal access but to get to them, the roads aren't "adopted highway". Neither deeds nor local search confirm accessways. Where does that leave us and how could it effect us? Help!! Thanks! |
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| Jonnyboy |
Firstly you need to speak to the solicitor managing your land purchase. If there is no right of way then you should seriously think about pulling out.
IIRC, if the access is a private lane then you need to get permission from the land owners either side of the lane itself. We pulled out of a land purchase for this very reason. |
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| Rob R |
Permissive access is fine, but if the person who owns it (or it gets sold) decides otherwise it's basically tough. Get it sorted out with a solicitor to buy the access when you buy the land. It may cost a few grand to get it sorted but it will save ten times as much in the future (it will also add value to the land) | ||||
| mochyn |
They may not be 'adopted highways' but are they rights of way? Our only access is via a bridlepath (an official one) so the landowner through whose land this path runs has no say. | ||||
| Rob R |
Which is alright if you're a one horse family 
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| Jera |
Thanks for the replies.
The solicitors are looking into it for me, I just wanted to know what it meant, I didn't know if the fact the access had been in use for years has any bearing on the chance of us sorting the problem easier. There is one access that has been confirmed so we know that we can get onto the land. It's the other 4 access points that are the problem. 2 of them are off a lane which has footpaths running over them. The other 2 are past houses. I don't know who owns them, and no-one I've asked seems to know either. Do you think I can put it onto their solicitors to find the ownership out and sort it or just more cost to me.... I'm so annoyed as this its the one point I was worried about and they confirmed in writing before I would pay up for searches etc grrr. |
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| Behemoth |
You can find out about poroperty opwnership at the land registry for a small fee. They have a website.
http://www.landregistry.gov.uk/wps/portal/Property_Search |
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| Nick |
You can make the solictors do it for you, for a fee, or you can ask the land registry for the same information for a lower fee, BUT it'll take your time and you'll be responsible for it. However, if you have some access to it, which is sufficient for all possible needs, do they other access points matter? |
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| Behemoth |
The land registry website charges £3 per search on line.
All you need is the post code and number of the houses. Not sure for a field but if you have the title number you can search. If you are stuck give them a call, they are very helpful. |
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| Jera |
The easiest and closest access is what I was hoping for, plus there are stock handling pens off another access. The confirmed access is the narrowest and hardest to actually access. Not to mention I was hoping to be able to get into each field separately, Arghh, why couldn't they have been honest in the first place. From what I can gather not all the info is registered, part of the land has paper deeds but is only being registered now with the land registry. How do I find the owners for the as yet unregistered land? |
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| Behemoth |
Park a caravan on it. | ||||
| Jera |
Lol! Ok, I'll re-phrase, how do I find the owners without annoying them and everyone else that tries to use the lanes! |
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| gil |
Going back to access - here there is a strip of track between the public highway and my access track / land, whch belongs to a neighbouring farmer. Access had never been denied, and there was some element of 'custom and practice / long habit' of access.
However, to make access legally watertight if the strip ever changed hands and a new neighbour decided to be difficult, my solicitor got the farmer to grant a 'right of access in perpetuity' over that piece of ground to anyone owning my property. |
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| Dr Rob |
If there's evidence that it's been used to gain access to the property for at least 20 years, as of right and without objection, then you may be able to obtain statutory declarations to that effect backed up by defective title insurance. In these circumstances do not, repeat not, approach the owner of the land over which the access runs because, if you did, the insurers would refuse to indemnify. | ||||
| Mary-Jane |
And I didn't even have to shine the Scales of Justice spotlight into the sky to attract your attention Dr. Rob
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| Jonnyboy |
Aaargh, options paralysis! |
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| Jera |
Many thanks for this! I think the current owner has had the land for towards that length of time. I'll get it in writing from him rather than just the email! to confirm this then hopefully go down this route since I don't know who the owners are(there could be 3 different owners for the land that the access crosses!) Thanks again!! |
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| Dr Rob |
Even more reason why you should try to rely on statutory declarations as to long user backed up by defective title insurance. It would take only one owner to say 'no' to scupper any prospect of a voluntary grant - and then any possibility of insurance cover. |
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| Jera |
Definitely sounds the way forward for us. I suppose our only problem then is if we claim on one access, where that would leave us on the insurance front with the other 4!! I really appreciate the advice, I had tried to do some research but got buried very quickly. |