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Question about statutory declaration by previous owners.
Gorgeestwo
Posts: 537 Forumite
Hi
We completed on the purchase of our house about a month ago, our solicitor has just sent through all the land registry info etc and in with it is a Statutory Declaration signed by the previous owner about a lane that runs to the rear of the house.
Basically the lane is owned by British Rail, but the houses all have access to the back gardens/garages etc. via this lane, in with the statutory declaration is what looks like a land registry map with the area shaded in that the previous owners are supposed to have been using, but this area shaded doesn't have access on to the main road, like it shows on the map enclosed. Where they ae saying they have had access is where there is a small block of 4 flats, that look like they were put up about 30yrs ago, so there won't have been any access to this lane from where they are saying for a while.
There is access to this lane from the other end but this isn't shown as part of what has been 'used' in the statutory declaration.
Sorry for rambling, I'm really not very good at getting this all down
, I guess what I want to know is should we be worried that the access they say they have had doesn't actually exist. We never queried this with our solicitor because as far as we knew there was just the one way in and out of the lane and when we had talked to the vendor about it he had always spoken about using the lane from the end we knew about.
Our solicitor isn't very helpful at the best of times, so any help would be appreciated.
Thankyou.
We completed on the purchase of our house about a month ago, our solicitor has just sent through all the land registry info etc and in with it is a Statutory Declaration signed by the previous owner about a lane that runs to the rear of the house.
Basically the lane is owned by British Rail, but the houses all have access to the back gardens/garages etc. via this lane, in with the statutory declaration is what looks like a land registry map with the area shaded in that the previous owners are supposed to have been using, but this area shaded doesn't have access on to the main road, like it shows on the map enclosed. Where they ae saying they have had access is where there is a small block of 4 flats, that look like they were put up about 30yrs ago, so there won't have been any access to this lane from where they are saying for a while.
There is access to this lane from the other end but this isn't shown as part of what has been 'used' in the statutory declaration.
Sorry for rambling, I'm really not very good at getting this all down
, I guess what I want to know is should we be worried that the access they say they have had doesn't actually exist. We never queried this with our solicitor because as far as we knew there was just the one way in and out of the lane and when we had talked to the vendor about it he had always spoken about using the lane from the end we knew about.Our solicitor isn't very helpful at the best of times, so any help would be appreciated.
Thankyou.
0
Comments
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You are going to have to talk to your solicitor and get to the bottom of it because without seeing all the documents involved, the results of searches, inquiries raised and answered, etc, it is very difficult to guess what has happened.
There may be a mistake on the solicitor's part, or there may be something else in the documents giving a right of way over the route actually used, it may even be an adopted public road. You need to ask them to explain the significance of the declaration and how you do have a right to use the access that is actually used.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Thankyou very much Richard, I've left a message for her, so hopefully will get some answers.0
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