Access rights

Grumpyoldnev

Hi - wondering if anyone can help me

I'm in the process of buying a property that's part of a larger Grade ii listed building.

I'm buying what was historically the main entrance and the driveway goes past another part of the original building that belongs to somebody else (who happens to be my vendor).

He assures me that there are rights of way with the house and that the historic use of the drive means we are legally guaranteed access but it doesn't stop me from worrying.

Is this likely to be a problem?

Guest101

Solicitor should pick this up for you, but it sounds right for the type of property.

ihatemyhouse

your sol should tell you what you are allowed, as the house where I use to live, next door had to drive over the property to get to there house, this was allowed, but they wasn't allowed to park on it, when LL found out they where parking there, got sol involved, they never got on

G_M

The Title will show what you are buying. It will have aPlan that shows an area (usually red) that is yours.

Either the Plan, or text within the Title should also show what ROWyou have. It may refer to some other document (eg an earlier Conveyance) that confers rights and responsibilities (eg to pay for road maintenance?) on you.

Beware if these rights are not documented, but as said, all this will come out during the conveyancing process.

With a purchase like this, think hard before deciding to DIY the conveyancing - you need to know what you are doing which clearly you do not.

ValHaller

Grumpyoldnev wrote: »

Hi - wondering if anyone can help me

I'm in the process of buying a property that's part of a larger Grade ii listed building.

I'm buying what was historically the main entrance and the driveway goes past another part of the original building that belongs to somebody else (who happens to be my vendor).

He assures me that there are rights of way with the house and that the historic use of the drive means we are legally guaranteed access but it doesn't stop me from worrying.

Is this likely to be a problem?

There is possibly a trick being missed here. If the vendor owns the land over which you will require right of passage and he is assuring you that there is no need to worry, then it will be no skin off his nose to give you an easement under deed as part of the transfer of the property. Tell your solicitor that you expect an suitable easement as part of the transfer of the property - this should be at no cost to yourself because you reasonably assumed that the property came with rights of access. And do take a look at the actual or proposed easement for yourself to see that it covers your needs.

Your possibilities for the vendor are

• he is being genuinely naive
• he is out to swindle you for an easement later

either way makes no difference - if he is being genuinely naive, his heirs or successors may see the opportunity to screw some more money out of you.

Insist on an easement as part of the purchase within the agreed price.