Missing rights to passage

minijlu

Hi

I am in the midst of selling my house and have had an equiry from the buyers I don't seem to be able to answer fully.

My house is a traditional victorian terrace and at the back of the courtyard/garden is a gate out into a passage way that runs along the back of all the houses. All the houses on my street have gates (although some don't appear in use)

My buyers have queried evidence of the rights to access this passage way from the garden - it is not on the registered title for the house or other information me/my solictor could find. Is there anywhere else I might not have looked that this evidence could be?

Any suggestions much appreciated, thanks,

princeofpounds

You almost certainly have created an easement already.

Your lawyer really should be able to help you decide how to reply.

https://www.gov.uk/government/publications/easements-claimed-by-prescription

This sort of thing is not uncommon.

Land_Registry

As prince of pounds posts such rights can be acquired through continuous use over time and the guidance linked to explains this from a registration perspective.

If the right has not been registered then there is really nowhere else to look unless you have any old deeds/documents still but that is unlikely and if they did have any details then you would have expected them to have been lodged at the time of first registration and any right registered.

Rights can be acquired over time but the starting point is 20 years in most cases (see the guidance for more details). You don't mention how long you have lived there and/or used the access but if over 20 years then that will help.

If less than 20 years and the issue was not raised when you bought it then you may need to consider providing the buyers with a statutory declaration/statement of truth for the time you have lived there and then offer some form of indemnity insurance to them re the risk of someone being able to legally prevent them using the access.

As posted your solicitor should be aware and able to advise on this