Right of way across property to garage - house purchase

moneyistooshorttomention

The future scenario that comes to mind is if someone else buys the right-hand house and decides they want their back garden as back garden and duly do exactly that.

As potential future buyer of house 2 I'd refuse to buy it unless I had it confirmed to me that I could get my garden back and bang goes your garage access.

I'm astonished at owner of house no. 2 ever having made this arrangement in the first place as most of us certainly wouldn't have let our garden get used as someone else's ROW.

monkeysrevenge

moneyistooshorttomention wrote: »

The future scenario that comes to mind is if someone else buys the right-hand house and decides they want their back garden as back garden and duly do exactly that.

As potential future buyer of house 2 I'd refuse to buy it unless I had it confirmed to me that I could get my garden back and bang goes your garage access.

I'm astonished at owner of house no. 2 ever having made this arrangement in the first place as most of us certainly wouldn't have let our garden get used as someone else's ROW.

It does appear strange, although I'm guessing that a garden isn't/wasn't an interest of house no. 2, and they would rather have sacrificed a garden for the parking - the road is bumper to bumper most of the time.

monkeysrevenge

OK, I've re-read the neighbour's deeds and mis-read the bit about passage (thought it said water passage ) so is the below quote enough to allow vehicle access to the garage??


"(30.07.1998) The land has the benefit of the rights granted by but is subject as mentioned in a Conveyance of the land in this title dated 29 June 1961 made between (1) XXX XXX XXX (Vendors) and (2) XXX XXX XXX (Purchaser) in the following terms:-

TOGETHER WITH and subject to all such rights of way passage water light drainage support party walls and fences and user of roof spouts and down pipes and all other rights in the nature of easements or quasi-easements as have hitherto been used and enjoyed in common or in connection with the property hereby conveyed and the adjoining or neighbouring property"

monkeysrevenge

Thought I'd bring this thread back to life as we still haven't managed to sort this access issue, and need a bit of advice if you please.

The deeds to the property we are purchasing and the next door neighbours has no right of access shown for a driveway which goes from the public highway, across the neighbour's land and into a garage, which is part of the deeds of the house we're buying. Vehicle access to this garage is only by this driveway, however we can access it on foot through our garden directly.

The driveway has been there for around 8-9 years, and has been used with permission for this period of time.

The only option apparently now, is taking out an indemnity policy to cover us against loss of access. Their solicitor has been dragging their heels massively over this, and we're at the end of our tether and need to resolve this very soon.

My question is, what exactly can an indemnity policy insure us for? I've been Googling for over an hour now and I can see that it covers for "loss of value" and other legal expenses if the right of way is challenged, however I'm wondering if anyone here has had experience of having to claim on a policy, and how they would calculate any loss?

Thanks in advance

AdrianC

monkeysrevenge wrote: »

My question is, what exactly can an indemnity policy insure us for?

It pays out the cost of the legal work needed to resolve the issue, up to the maximum under the terms of the policy - usually, the purchase price of the house.

princeofpounds

Would an indemnity policy work in this instance?

There is no presumed right of way here to indemnify. If the access has been with permission then that is all it is, a permission to use the route.

monkeysrevenge

princeofpounds wrote: »

Would an indemnity policy work in this instance?

There is no presumed right of way here to indemnify. If the access has been with permission then that is all it is, a permission to use the route.

This was my understanding as well... would permission have to be expressly given? Or would knowing who the owners were and them simply not challenging you over using their land be enough to make this work?

Or am I grasping at straws??

ValHaller

monkeysrevenge wrote: »

The driveway has been there for around 8-9 years, and has been used with permission for this period of time.


.......

My question is, what exactly can an indemnity policy insure us for? I've been Googling for over an hour now and I can see that it covers for "loss of value" and other legal expenses if the right of way is challenged, however I'm wondering if anyone here has had experience of having to claim on a policy, and how they would calculate any loss?

I think your question hits the nail on the head. As you say that the driveway has been used with permission, the insurance you want is against withdrawal of permission rather than loss of right of way - because there is no right of way. But, permission being permission, it could be withdrawn without breaching anyone's rights and as such, it is hard for me to envisage insurance paying out here.

The underlying potential scam is that your neighbour withdraws permission, but offers to sell you a right of way for £20,000 which the insurance company pays and your neighbour splits with you. Which is why I find it hard to see any way in which insurance could be applied.

The neighbour is probably the sticking point here - if he has a mortgage, his lender will probably be given a say by the solicitor in any deed drawn up to regularise the situation, because it affects the value of that property significantly.

I would say do as I did, set expectations on how it must be sorted, but walk away. The loss of you as buyer might induce your seller to sort things out and come back to you again to buy it if you have not moved on.