Right of way and Stat. Dec.

sooperb

We are selling a property. We have owned it for 20 years during which time it has been used as a holiday home. The buyer's solicitor has requested that we provide a Stat. Dec. because the "pavement" is unadopted. This has been the case since the street was built some 150 years ago, there is no owner on the deeds and no one has ever been able to find out who owns it. In the meantime, all the people in the street have had free, unrestricted access at all times. The utility cables and pipes pass under the pavement into the houses and we and several others have paved our frontage. The alternative to the Stat. Dec. is an insurance policy that we have to pay for that costs £65. I have refused to pay for this and so their solicitor requires a stat. dec. with all the necessary info on it as per this statement - "Also it doesn’t provide much information such as whether they Sellers have actually occupied the property etc. "

Does anyone know where I can find a, preferably free, source of info as to what to actually write on the Stat. Dec. We have already provided one but because the date was a year out they wouldn't accept it and also because of the above quote. I am totally refusing to cough up £65 for something that is of no benefit to us. I can't think of another instance where someone pays to insure someone else's risk! When we bought the property (and the one next door) it was never mentioned and no one has ever had any problems gaining access across the pavement.

Nobbie1967

If I was paying many thousands for your house, then I'd want some assurance that I wasn't going to be held to ransom if an owner of the pavement ever came forward. TBH I'm surprised they'll accept a stat dec.

sooperb

They got thousands off and we're leaving an almost complete house for nothing. I doubt very much the buyers are the ones making the fuss, it's their solicitor. If they were that worried they could pay for it themselves? No one will ever come forward because after 150 years no one has any idea who even owns the footway, no one has registered title and all the other homeowners we have spoken to in the street say they have never had a problem. If the Land Registry is willing to register a prescriptive right of way after 20 years, which of course doesn't mean someone can't come forward but they would have a difficult time proving title, then that should be enough for the solicitors. This indemnity insurance is a recent thing, the only people who win are the insurance companies.

davidmcn

sooperb wrote: »

Does anyone know where I can find a, preferably free, source of info as to what to actually write on the Stat. Dec.

Yes - the buyers' solicitor. Get them to draft it, if you agree with the wording then sign it.

makeyourdaddyproud

You would want to jeopardise the sale for just £65? The SD was asked for because they are solicitors, and past experience to them means this is necessary in Law. Now you think your the source of better wisdom?

Pay the fee and move on with your life.

Thrugelmir

sooperb wrote: »

it's their solicitor.

Their solicitor represents the purchasers mortgage lender.

sooperb

The purchaser is a cash buyer so he won't be dependent on getting a mortgagor approval. My "knowing better" is based on having had the property for 20 years, knowing householders in the street who have lived there much longer (the man next door was born in his property over 60 years ago) none of whom have had any indication from anyone that the footway belonged to someone else and no one has ever encountered a problem with access. We weren't advised to ask for any insurance when we bought two properties in the street. This indemnity insurance is akin to the chancel insurance that solicitors now advise you take out too in some places. My son was advised to do so and he lives nowhere near to a church!

The person handling the purchase is a licensed conveyancer, not a solicitor. I have found a solicitor online who says that they don't advise people to take them out where there clearly isn't a problem.

Someone has to take a stand against these unnecessary requests for money that serves no purpose. Had there been a history of access issues then I may have grudgingly agreed to pay, but there hasn't been a single one and most of the neighbours look astonished to discover that the footway isn't adopted. I was happy to provide the SD, which I had to pay for and I understood that would be sufficient. Now it seems not only was the one provided unacceptable, they want another providing at my cost again, and possibly the insurance.

sooperb

And of course I didn't ask for criticism, I asked whether anyone knew where I could find suitable wording to ensure the SD is correct.

Land_Registry

sooperb - I am posting merely to signpost our online guidance practice guidance on prescriptive easements which explains the registration aspects behind such matters. Section 4.2 gives an indication of what to include in any Stat Dec/Statement of Truth

The fundamental requirement is of course the facts involved and it is how to word these that you want advice on. The guidance may though help you to cover what details are likely to be needed and that may in turn help.

sooperb

Thank you Land Registry :beer: