complicated to resolve?

Vikaroo

Hi

We started the buying process on the 2nd Jan. All our searches are back and ok but now we have a problem. Our house to be is an ex local authority house and was originally sold in 2005. Following this the council passed on its ownership of houses in our town to a housing association. When the housing association took on these houses it also took on a grass verge and the footpath/pavement that is in front of some of the houses in our street including the one we are purchasing. The road itself still belongs to the council. Our solicitor has found out that there is nothing about having access to the house from the highway across this piece of grass or path in our deeds. None of the houses have a driveway. This has not been bought up by any solicitors when the house has been previously sold but now that it has become apparent the solicitor has to resolve it. What Im asking is has anyone else had a similar problem and was it lengthy and complicated to resolve? It is stressing me out massively.

So just to put simply, stepping off the property boundary there is the pavement which is attatched to a grass verge and then the road.

Also we were considering putting a drive in at a future date. This would mean crossing the grass verge. Would application be made to council or housing association or both?

Thanks

Vikaroo

0 replies so far... take it Im doomed then!

da_rule

No you're not doomed.
1) As the verge and pavement run along side the road they form part of the highway and can therefore be used by members of the public, including you. Don't drive over it though because you may be liable for damage.
2) You may also be able to rely on an implied easement by necessity.

In terms of building a driveway you'd need to speak to the local council about whether planning permission is needed in your area for this. But you would definitely need the Housing Associations permission. And they may ask that you cover all the costs, such as putting in a drop kerb etc.

Davesnave

Vikaroo wrote: »

None of the houses have a driveway.

Also we were considering putting a drive in at a future date. This would mean crossing the grass verge. Would application be made to council or housing association or both?

Thanks

It's your solicitor's job to sort out right of access; that's what you pay them for. It will only mean inserting a clause in your title documents with the agreement of whichever body owns the land.

The matter of putting a drive in is a separate one which, regardless of other factors, would require the permission of the Highways Dept of the council. If owners other properties in the street haven't created driveways, this might indicate a possibility of refusal on safety grounds.

I would be bold and speak to some existing residents, to see if this is an issue any of them has met with.

Raggie

we sold a property which has a strip of land retained by the builder between the front door and the road. (1m wide)..


When we purchased the property nothing was said by our sols.. but it was picked up when selling by the buyers sols...


We simply did them a letter explaining that during our ownership we had maintained the land (cut the grass) and had full and free access over the land, had never been challenged regarding this access and knew of no issues to stop that being the case in the foreseeable future.


It was accepted and the sale went through


Rags

Vikaroo

The verge is NOT part of the highway this is the issue. The council havevno ownership of it whatsoever it belongs to the housing association and so does the pavement. The solicitor is proposing an indemnity policy but Im not happy with this I want her to speak to the housing association and come to some agreement. Solicitor is reluctant to do this as she says if we speak to the housing association the insurers then wont produce an indemnity policy because the 'risks' will increase if the housing association are aware. Seems like a big fuss over not much to me.

da_rule

Vikaroo, the ownership makes very little difference. If it is open to the public, i.e. a member of the public can walk along it with no obstruction or way to distinguish it from a council owned pavement it will form part of the highway. In the same way that a car park belonging to a supermarket is part of the highway. Have a look at the Salvation Army case on this link: http://www.trafficpenaltytribunal.gov.uk/site/scripts/documents_info.php?documentID=132&pageNumber=6

Also, look at the 3rd paragraph of this site: https://www.gov.uk/using-the-road-159-to-203/the-road-user-and-the-law it shows an example of even something like a driveway can be part of the public highway.

Vikaroo

So is she making a fuss for very little reason then? Shes led me to believe that it could mean the housing association could refuse access and then our house would be inacessable. My stress levels have gone tenfold since shes brought this up. Shes insisting on this indemnity policy and has now gone away to have a think. Surely a simple conversation with the housing association will resolve all this? Ive asked the seller to speak to his solicitor to see if they can resolve this with mine.

da_rule

An indemnity policy will help and may always be good to have in your pocket depending on cost. Also, speak to the Housing Association, it may have been a term of the transfer to them that the path/bank should remain open to the public/residents. You could also contact the Housing Association if you are really worried and see if they would grant you an easement (they may ask you to pay their costs). This would not be necessary if the transfer from the council had the earlier terms in it. IMHO, it is not needed at all, but it may put your mind at rest.

Vikaroo

I was fine its the solicitor who wont proceed until its sorted she has advised me not to speak to the housing association as this means we then wont be able to get an indemnity policy. Theres nothing in our deeds about access but as you said Im sure they are aware that most of the houses will need access over this verge to get to their houses and they have been doing for 10 years. Solicitor just seems quite closed off to alternative suggestions.

da_rule

Or being cynical she wants to sell you an indemnity policy.

Speak to the council, they may be able to tell you if they would have put any clause in the transfer.