Help please re house access

hobo123

I hope someone can offer some help I am supposed to be moving on the 22nd and we have just discovered an issue re the access, the house I am buying is the end terrace in a row of five and on the titles it states that along the back and down the side etc we must allow access to the other properties (to take out bins etc) the problem is that an extension was built in 1995 that covers the access path, our solicitor has said if this cannot be resolved the purchase will fall through and that the only option is to get the other homeowners to sign away their rights to access. All the properties have their bins out the front and obviously don't use the access but technically they should be able to.

Does anyone have any experience of this any ideas suggestions of ways round about it would be greatly appreciated.

thanks

scorpio_princess

hobo123 wrote:

I hope someone can offer some help I am supposed to be moving on the 22nd and we have just discovered an issue re the access, the house I am buying is the end terrace in a row of five and on the titles it states that along the back and down the side etc we must allow access to the other properties (to take out bins etc) the problem is that an extension was built in 1995 that covers the access path, our solicitor has said if this cannot be resolved the purchase will fall through and that the only option is to get the other homeowners to sign away their rights to access. All the properties have their bins out the front and obviously don't use the access but technically they should be able to.

Does anyone have any experience of this any ideas suggestions of ways round about it would be greatly appreciated.

thanks

Isn't this what is called a 'flying freehold'? I rememeber seeing something similar on here recently. Sorry I can't be more helpful!

clutton_2

ask your solicitor - if this right of way has not been used for more than 12 years, whether he thinks it might have lapsed ?

hobo123

Hi soliciotor said if it hadn't been used in 20 years we could possibly have it discharged but only if the neighbours had all stayed their for this length of time which they haven't so I believe this is not an option.

Any other advice appreciated

silvercar

when you say you will be moving on the 22nd, does that mena you have already exchanged? Hope not as this sort of problem needs resolving before exchange.

Really this is the seller's problem, they built the extension, they need to sort it. Whoever buys their house will have the same issue.

clutton_2

if you can get written statements called a "Statutory Declaration" - ie a statement from someone saying that "x" has been happening since "y date" then this can be used as evidence to prove that something has been in existence for a certain time. Has your solicitor mentioned this ? Sometimes neighbours are willing to declare.

hobo123

Hi, solicitor did mention they would need to try to get neighbours to sign something stating they don't use it otherwise the mortgage company will not release funds. If the neighbours aren't willing to sign then is there any other options ie having a new access path put in.

Doozergirl

Would it be physically possible for your neighbours to ever walk from their boundary, across your land to the side path if you installed gates etc.?

I assume the extension hasn't taken up the entire garden, in which case you can just reroute the access path on the deeds. We did exactly that when we built an extension across the existing access for next door. Just agreed it with them and our solicitor did what she needed to do to make the Land Registry plans show a different route of access.

HTH

prudryden

Are there any public records re: the building of the extension in 1995? I guess I would question whether there was an easement right applied for and granted. If there is nothing - I would probably, if agreed by my solictor, inquire about the seller giving you some sort of indemnity or better, indemnity insurance, if available. I can certainly understand your concern - I would be!