Would this still stand?

Paley71

there is included in the chages register in our Hips that state that an agreement was made in 1964 between the owners of our property that two of the houses that back on to us could access our garden (by wheelbarrow or on foot) to place a dustbin in what used to be an ashpit?
We have lived here for ten years and the couple we bought the house from lived here ten years also...the garden has been enclosed and used only by us in this time.
We have an offer on the house and I'm concerned this is something we should be sorting out now...when I mentioned it to the solicitor he was very vague and suggested that it probably no longer stood.
What should we do?

GDB2222

Do nothing unless you find that buyers really object.

dander

You can take out an indemnity for that kind of thing - would only cost a couple of hundred quid and would only need to be done if a buyer insisted on it.

Incisor

Paley71 wrote: »

there is included in the chages register in our Hips that state that an agreement was made in 1964 between the owners of our property that two of the houses that back on to us could access our garden (by wheelbarrow or on foot) to place a dustbin in what used to be an ashpit?
We have lived here for ten years and the couple we bought the house from lived here ten years also...the garden has been enclosed and used only by us in this time.
We have an offer on the house and I'm concerned this is something we should be sorting out now...when I mentioned it to the solicitor he was very vague and suggested that it probably no longer stood.
What should we do?

No more ashpit then no more access I would think. The access appears to be limited to a specific purpose, so it isn't a free for all.

Paley71

Actually this is all starting to look far more complicated than I first thought. When we bought this house ten years ago I vaguely remember the solicitor
mentioning that there was a small patch of land in our garden that belonged to one of the neighbours and how the current owners at the time were going to buy it but moved instead!

We had the pen in our hands ready to exchange contracts and due to us being completely wet round the ears FTBs we didn't the importance of this...(I also don't think we were made aware by our solicitor either)
Anyway we've lived here for ten years and the gate into our garden has remained firmly locked to anyone but us in that time.
As I've said on inspecting the hips I noticed that the charges register mentions that two of the properties that back onto the side of our house had a right of way over our garden to access the outbuildings (they are built on the end of our kitchen)
Also one of the houses has the right to put a dustbin in the ashpit (I'm assuming this was the patch of land that the former owners of our house used as a sandpit)
Looking at the map I can now see that the red line excludes the said outbuildings from our boundary
So we don't actually own them at all!!!

This could really muck up our ability to sell!

Would claiming 'Adverse possession' be an option?
I've read that the 'paper owner' has two years to contest this...trouble is I have a feeling it belongs to the LL from hell neighbour who breaks all kinds of MO laws, he has no land with his house and I wouldn't be shocked if he decided he wanted the outhouse back 'just because he could' and we'd have a stream of his tenants traipsing through our garden!
Help, this is really scaring me...I've already accepted that we've probably lost the sale of our house...I'm also really peeved that the situation wasn't explained more carefully to us by our solicitor all those years ago.
I really don't know what to do for the best ?
Any advise would be greatly appreciated.

Paley71

Anyone???/

GDB2222

You should consult a solicitor about adverse possession, as the rules changed a couple of years ago. The thing about the right of access, though, is that it's not a nuisance if nobody knows about it. Once you raise the issue ....

Richard_Webster

OK buyer's solicitors might not notice the rights of way for others but they usually do - I've had several cases where there are rights over my client's property that nobody would ever want to use (usually because there is a much easier and more direct route available to them now!) but buyer's solicitors insist that the rights are removed so we have to get hold of the neighbours to get them to renounce their rights by deed.

An indemnity insuracne might be available - but not if you have talked to the neighbours - so you would need to take our solicitor's advice about the best way forward.

Paley71

Thanks
Whoops, it seems I have two threads now relating to the same matter!

The only reason any of the neighbours had right of way through our garden was to access the old ashpit, if we can claim ad possession of this bit of land what happens to the right of way?
Could someone theoretically just walk into the middle of out garden and stand there? the right of way does not cut through if you see what I mean so the only reason anyone would use it (no one knows about it all the properties in question have changed hands many times since 1964) would be spite!
Can a ROW be extinguished?