Land Registry - Boundary question....

Richard_Webster

[OP, you are paying a solicitor very good wages I assume, so get them to do their job. You shouldn't have to be downloading maps and doing searches yourself, else what is the point of paying out all that money to them?!!

Get better solicitors would be my advice, as all of this sounds like basics which should be done by them when working on behalf of a client.

A buyer's solicitor gets papers from the seller's solicitors, sends off searches and asks relevant points of the seller's solicitor. When he has all the information he should either get you in and go through it all, or more likely these days, provide a full written report about the legal matters relating to the the proeprty being bought. Whether or not the road is a public highway (but not adopted), an adopted public highway or merely a private road will be one of the things he will tell you about.

It really is not practical for a solicitor to give you a detailed explanation of all the issues, particularly when he may not yet know the answers himself, and will be speculating about various possible scenarios depending on the results of searches and inquiries.

Having said all that the Local Search in the HIP should show whether the road is an adopted highway or not.

Addz

UPDATE

Just got the HIP through (finally!) and here is what it says regarding the road:

2. ROADS

Which of the roads, footways and footpaths named in the application for this search are:
(a) highways maintainable at public expense:
****NAME OF ROAD**** YES

(b) subject to adoption and supported by a bond or bond waiver;
NONE

(c) to be made up by a Local Authority who will reclaim the cost from
the frontagers; or
NONE

(d) to be adopted by a Local Authority without reclaiming the cost from
the frontagers?
NONE

If a road, footpath or footway is not a highway, there may be no right to
use it. The Company cannot express an opinion without seeing the title
plan of the property and requesting the Local Authority to carry out an
inspection, whether or not any existing or proposed highway directly
abuts the boundary of the property.

So what does all that mean in a nutshell then? Does it answer anything?

Any advice would be most appriciated!

Richard_Webster

If the road is a highway maintainable at public expense as your search shows, then that is what it is . You will own the subsoil so it is ever ceases to be a highway you will be able to resume possession and use of the land.