Access ownership

[steviec_lj]

As part of our property search, we’re looking in to as much of the background of the property as possible.

Now, we’ve asked the vendor, who kindly told us just about everything regarding the house, surprisingly it was built in the 1820’s, and sits on an unadopted single carriage “track”. However, they have no idea who actually owns the access.

I’ve had a look on land registry, which doesn’t offer any other guidance other than a rough property boundary.

Are there any other resources available, before we put an offer in?

 

[Parm]

I had to look into access and right of way etc before I bought my house. No one knows who owns the track leading up to the house so I had to take out an indemnity insurance just in case. I think it was about £150 and gives me legal protection just in case.

The conveyancing solicitor was very good in sorting this all out

 

[Olderisbetter]

Are you the only user of the track? if no one owns it just adopt it...

 

[Parm]

Are you the only user of the track? if no one owns it just adopt it...

I’m the last one of three that has too use the track. After me it becomes a foot path through the fields

 

[rtbcomp]

I had to look into access and right of way etc before I bought my house. No one knows who owns the track leading up to the house so I had to take out an indemnity insurance just in case. I think it was about £150 and gives me legal protection just in case.
...

What does the insurance protect you against?

I looked at a property that owned a track that other properties had a right of way along. I gave it a miss as I didn't want to be liable for damage to car suspensions or broken ankles.

 

[8ob]

You dont need to own the access to a property to be legally entitled to use it, twenty years or more of use is all thats needed to establish a right of way. I have just sold a property that uses access over what is effectivly no mans land, new owners solicitors made me sign an affidavit to say I have used this since I owned the property. Does not need to be any more complicated than that and certainly not worth worrying about.

Bob

 

[Parm]

What does the insurance protect you against?

I looked at a property that owned a track that other properties had a right of way along. I gave it a miss as I didn't want to be liable for damage to car suspensions or broken ankles.

The track is the only way to my house, it’s also part of the Grafton way bridleway

Insurance covers all costs if anything ever happens with right of way. It’s been a good few years now and can’t remember the exact details but solicitor strongly recommended I take it out.

If the 20year rule applies then I’m good as the house was built in the mid 70’s

 

[Gragson]

I'm slightly damaged goods here, but I would get it checked out.
Own a property with a shared drive, its a bit of an odd setup but its like a mini cul-de-sac, 30 meter drive which I own my side and neighbour owns theirs.
Bottom of the drive has 2 other houses. Even tho I know exactly what I own, over the years its caused a lot of stress and some blazing rows..
My problem is that no one around me seems to own their property, all rented, so they come an go just dump their cars on my drive as they think its a small road, one chav t*wt even had the temerity to argue that it was a shared drive!

I don't think in your situation it would be like this, but I would never consider unclear access again.

I would give them a ball and just spell out your concerns.

https://www.gov.uk/guidance/contact-hm-land-registry

Contact centre
English language0300 006 0411

 

[steviec_lj]

Sadly if we purchased the property, we wouldn’t be able to adopt the track. It’s used by around 8 properties in total.

I’ve a line of enquiry to open up with a local farmer, after going through records it seems they own what is/was the piggeries at the end of the track. Although it could end up being part of one of the local estates, but I’ve asked the in-laws, who have connections to most of the local estates to see what they’re able to discover.

Access is fine, that’s part of the agreement. There was mention from the vendor that there had been an enquiry by another resident on the track to see who would be interested in spending £1000 to have loose clippings spread on top of the existing surface which never came to fruition as no other resident wanted to spend that kind of money.

We’re concerned with the number of access points we can have on to the property from the track, after the in-laws and their neighbour had similar issues concerning gates and outbuildings on a privately owned track from which they have right of access.

 

[steviec_lj]

If the 20year rule applies then I’m good as the house was built in the mid 70’s

This would also cover the property we’re looking at. Build date of between 1800 and 1820 apparently

 

[julianf]

Sadly if we purchased the property, we wouldn’t be able to adopt the track. It’s used by around 8 properties in total.

People always want to "own" stuff, but, really, if you own a road that everyone else has rights over, it's just a liability. It's not like you can do anything with it. It's better that someone else owns it and you have the rights!

 

[8ob]

Some blurb on the subject, as far as I can see if you have used an acess for more than twenty years without asking permission it becomes a legal use.

https://www.wrighthassall.co.uk/knowledge/legal-articles/2014/03/14/claiming-right-way-prescription/

Bob

 

[brightspark]

People always want to "own" stuff, but, really, if you own a road that everyone else has rights over, it's just a liability. It's not like you can do anything with it. It's better that someone else owns it and you have the rights!

specialy if it subsides or drains go underneath and collapse and your responsible for repairing them im lucky the drive down to my house is owned by highways to my gate so I pay nothing and if anyone blocks it I can get them removed by the law and they get a ticket for obstruction

 

[brightspark]

Some blurb on the subject, as far as I can see if you have used an acess for more than twenty years without asking permission it becomes a legal use.

https://www.wrighthassall.co.uk/knowledge/legal-articles/2014/03/14/claiming-right-way-prescription/

Bob

if someone uses it and its yours you charge them £1.00 rent each year and they cant claim rights

 

[julianf]

Some blurb on the subject, as far as I can see if you have used an acess for more than twenty years without asking permission it becomes a legal use.

https://www.wrighthassall.co.uk/knowledge/legal-articles/2014/03/14/claiming-right-way-prescription/

Bob

Crazy woman next door (who has now moved, thankfully) made the mistake of putting it in writing that her access over our land was "an agreement between the neighbours"

The stupid thing is, we were not even trying to stop her, bur, had we have been, she would proper shot herself in the foot.


I think (although I'm not certain) that it can't just be a single person either. It has to be a common path used by more than one to claim rights. But again, not certain.

 

[Shox Dr]

Personally I wouldn’t have anything to do with a shared access. I know too many people that have, always cost them in money and grief

 

[julianf]

Personally I wouldn’t have anything to do with a shared access. I know too many people that have, always cost them in money and grief

We have a path at the back of ours. Down on the docs as "on foot, with or without wheelbarrow". But theres a vehical garage at the back of our plot, so we just got the vendors to indemnify the access.

If there is ever an issue, it's someone else money that does the fighting.

Really though, in a Devon village, there's always going to some shared this or that or paths, roads and the like. It's just part of things round here. If rule it out, you rule out most of the houses round here.

I'm not saying it's ideal at all, but most people round here are familiar with it, and just get on with it, ex neighbour was an exception!

 

[Gragson]

And there's the rub, when people get on, know each other, and are sympathetic, no issue.
Maintenance is a good shout, for me "Sue retired in Mexico" could give a flying one about resurfacing

 

[Alan Reynolds]

We had a parking problem in Clerkenwell London with a company who moved in next door to us and then 'took over' a driveway with their cars, claiming it was theirs and got snotty when we also parked there. I did some digging and found it only allowed 'the access and easement of cattle and swine' and it dated back to King Charles who granted it when he had his stables there. That put an end to everybody parking there. It was worth it just to shut the pompous gits up. I was SO tempted to buy a pig from Smithfield Market and 'park' it there.

 

[indy4x]

We are in a similar situation, bought our house back in 1999, it is effectively a lane with another 5 properties along it. When going through the legal stuff our solicitor picked up on the fact that no one owned the lane or if anyone did then there were no official records.

Speaking to the neighbours depite there being a single street lamp the local council and highways peeps clain it is not an adopted road so they don't maintain it.

We were advised by the Solicitor to take out an idemnity policy to cover legal fees in case of a clain arising and there was also a signed statememt from the previous occupier that they had never been challenged over access

The downside is that no one take responsibility over maintenance of the lane, it is in fairly poor state of repair and despite my best efforts I cannot get all of the neighbours agree to stump up cash or labour to get it sorted properly. There is always 1 awkward sod that wont pay so the rest aren't prepared to cough up unless he does.

A few of us do spend some time filling in pot holes but it would be nice to have a proper surfaced access road