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Determining right of access?

Please bear with me – long explanation!

I am selling a property and buying another in a relatively short chain. However my buyer has been very slow at all stages and the latest spanner in the works has been a query about access rights to a passageway next door but one to my house (a terrace).

This passageway goes to the rear of the properties where there are vegetable gardens (separate from the back yards of the houses), with a long pathway in between running the length of the terrace – the passageway connects to this.

My title deeds do not indicate who has right of access to this passageway. Is this a reasonable request on his part? This form of access to the rear was not mentioned in the sellers’ particulars (you can use the back door!) and the passage is not adjacent to my property.

As it stands everyone uses this passageway to store their wheelie bins etc. A locking gate was put in by the council under a security scheme some years ago and we all received keys (lock now broken though!).

Any ideas on how I can determine rights of access (as the council were no help)?
I suspect this is just another delaying tactic on his part so should I just explain the above and tell him to take it or leave it?

Comments

  • silvercar
    silvercar Posts: 50,684 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Explain things as you know them and leave it at that. He'll either accept it or he won't; could well be a delaying tactic.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    MattieBrum wrote:
    This passageway goes to the rear of the properties where there are vegetable gardens (separate from the back yards of the houses), with a long pathway in between running the length of the terrace – the passageway connects to this.

    Does he need access to the veg gardens or the long pathway and if so why?

    If he has no need to access them, then access rights are not an issue.

    If he does need access e.g. as he will own one of the veg gardens, as a direct result of buying your property, then there should be a part on the Seller's Information Form that covers this. Otherwise, just confirm what has happened whilst you have lived there e.g. that you have had unencumbered use of the passageway for the purpose of accessing the veg garden.

    At the moment, I can't see the relevance of his question, but I may have misunderstood the position.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
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