strip of land on property we are buying belongs to neighbour?!?!

Smithj

Hi all,

I am hoping that someone has come across a similar problem and can offer advice.

In short, my husband and I are purchasing a 3 bed semi. The sale was all going through smoothly when our solicitor noticed when looking through the house documents that a strip of land running across the front garden of the property is owned by another house owner living down the same road (about 20 houses along). So technically we will be trespassing when walking to our front door!

My solicitor has suggested the sellers solicitor contacts the owner of the bit of land and go from there...

From what I have described, has anyone else come across this kind of thing before? At this stage we don't even know if the owners of the small strip of land know they own it! Apparently it isn't just my potential property, there are also 20 other houses with this strip of land running through it which is owned by the same property!

Any advice would be great.

Thanks v much.

F_T_Buyer

Leave it with your solicitor, if the current vendor has been using and maintaining it for 25+ years [I think] they might be able to claim ownership. Obviously don't buy it without this solved.

Incyder

You have a right to pass over the land to get to your house, much like a shared driveway. Look up the word EASEMENT on google.

Smithj

Thank you for your replies. I will leave this one for my solicitor I think - the waiting game is just so frustrating!

Thanks :-)

Ulfar

Its a ransom strip, used by the owner to stop any further development.

G_M

Incyder wrote: »

You have a right to pass over the land to get to your house, much like a shared driveway. Look up the word EASEMENT on google.

If there were an easement, this would be true. But if there were an easement, the OP's solicitor would have noted it and explained to the OP the limitation on ownership but right of way granted.

Since the solicitor is worried, and approaching the owner of the land, I deduce there is no formal easement (though possibly one created by usage over time).

Incyder

Well not all easements are noted on property deeds. They still exist in law though.

G_M

Incyder wrote: »

Well not all easements are noted on property deeds. They still exist in law though.

Well not all easements are noted on property deeds. They sometimes exist in law though.

Incyder

Being able to get to-and-from your house over someone elses land would be called
An easement of necessity.


This link explains all
http://www.boundary-problems.co.uk/boundary-problems/easements.html

Smithj

Thank you all for your replies.

The strip of land goes across the drive way of the property and as far as i am aware, it has never been claimed by the owners who live approx 20 houses away. I'm not even sure that they know anything about it?!

I have no idea what is going on. I am chasing my solicitor on a regular basis but she keeps telling me that there is nothing to report at this stage and as soon as she has anything to tell me she will call me.

I will have a look into your link re ''An easement of necessity''. Very helpful thank you :-)

It would be nice to have some sort of time scale as to how long this issue will take to be resolved but as no one knows what avenue we need to go down, it is very hard to say...

Thanks
Smithj

geoffky

happened to us..do not let your neighbours know as you will then struggle to get indemnity insurance..we had to get the land regristy out to look at the land and it was found that we owned it and the plans were revised to include the strip of land ..it takes a long time to sort out..and a bloody good solicitor who would not except that next door owned it and it was a mistake going back many years...good luck

our timeframe was from march to aug for it all to be sorted.