Guide about Deeds etc when buying - advice pls

TheChicken

Im looking at buying a house but have been informed about an agreement for access to a garage for next door. -
On looking at the deeds and registry I find 2 conflicting bits of information.

"Subject to a right for the owners and/or occupiers for the time
being of ****Road aforesaid and their
respective successors in title servants lessees and licensees at
all times and for all purposes connected with the use and
enjoyment of ***road aforewaid with or without
vehicles to pass and repass over and along the roadway shown
coloured brown on the said plan."

Now looking at the 'said plan' there are no roadway's coloured brown just the red outline of the property land deeds.

two points -
can someone please translate the deeds for me. and where would i stand in setting this back to a garden for myself as i have young children and wish to let them play outside.

PasturesNew

If there is something in the deeds that gives somebody else the right to pass and repass with a vehicle, you can't have that removed. The only way that might be possible would be if you bought that right from them separately.

The right of way/access will have been along a set route, which you might be able to work out from having seen the property (e.g. if there is a shared driveway between the two houses and they have a garage in their back garden, or the garage might have been demolished, but that right for them to pass and repass with a vehicle or without (e.g. if they had building work done they'd want to transport materials along that route) still exists

The fact there is no brown coloured bit of the plans is a small error - I have worked in a conveyance office before and you copy the plans and colour them in. Sometimes, for all sorts of reasons, the plans might not be coloured in fully/correctly. But this doesn't mean it doesn't exist. The deeds are what you follow.

TheChicken

Hi thanks for the reply -
I still am a little confused, on purchase of the property you buy that piece of land, with house etc. there is another access point to both properties at the rear of the properties even though it isnt used.
The deed was made in 1978 - and all residents are no longer the original residents but it does say and further purchasers or to that effect.
You say buying the right? again I am confused erm,..... i'd already be buying the house, or can i get that agrred in there somewhere.

Debt_Free_Chick

TheChicken wrote: »

"Subject to a right for the owners and/or occupiers for the time
being of ****Road aforesaid and their
respective successors in title servants lessees and licensees

The current and any future owners, any of their servants and anyone they let the property to or anyone they give permission to use the property

have the right to

at all times and for all purposes connected with the use and
enjoyment of ***road aforewaid with or without
vehicles to pass and repass over and along the roadway shown
coloured brown on the said plan."

use the acccess, at any time, for any purpose with or without a vehicle

Now looking at the 'said plan' there are no roadway's coloured brown just the red outline of the property land deeds.

Sounds like a duff plan. Have you had a look online at the one filed at the Land Registry? Or mentioned this to your solicitor?

You say buying the right? again I am confused erm,..... i'd already be buying the house, or can i get that agrred in there somewhere.

You own the land, but the neighbours own the right to use the access track/road. You cannot deny them that right - but if you pay them money, they might agree to give it up. You can't force them to - but if there's an alternative access, the money might persuade them

TheChicken

thanks again for your reply - i really love the house but this is a big downside. I think i am going to look elsewhere.

Richard_Webster

This sort of query is usually sorted out in 5 minutes with a phone call to your solicitor. Go ahead and do it!