Mortgage Issue with no right of way to the side alley way - really!?

ding_dong

Here is the map of the property.

http://s304.photobucket.com/user/PDMali ... v.jpg.html

Sorry it is Terry Road, not the Park Road on the short side of the property. Property's main entrance and it's garden entrance is on the other road and you can see a little alley way going to the side of it too. Hope it helps.

I have to speak to the Solicitor on Monday again just to reconfirm and if she still insists that this is the case then I'll probably go to some other solicitor and at the same time will take action against her. So she better has some very good reasons to explain this!

Thanks.

ding_dong

http://s304.photobucket.com/user/PDMali ... v.jpg.html

ding_dong

http://s304.photobucket.com/user/PDMalik/media/plan%20section_zpshxf0kg9v.jpg.html

Davesnave

It is essentially no different from the situation that pertained at my last house, where I had two such pedestrian accesses behind my (much larger) garden.

Neither was mentioned in my property title because I was not legally entitled to access by either route.

A friend, who lived at the end of one path, had a property in an identical position to 'yours,' again with no gate or opening onto the alley. She didn't need one, as she had side access from the road.

Both of our properties were mortgaged at that time.

moneyistooshorttomention

ding_dong wrote: »

Here is the map of the property.

http://s304.photobucket.com/user/PDMali ... v.jpg.html

Sorry it is Terry Road, not the Park Road on the short side of the property. Property's main entrance and it's garden entrance is on the other road and you can see a little alley way going to the side of it too. Hope it helps.

I have to speak to the Solicitor on Monday again just to reconfirm and if she still insists that this is the case then I'll probably go to some other solicitor and at the same time will take action against her. So she better has some very good reasons to explain this!

Thanks.

I thought the way solicitors operate is that they are entitled to tell you if they think you are wrong/the law is different/etc/etc and indeed should do so. But, having done that, if you're prepared to pay then they go ahead anyway and do as instructed??

I would just say "I hear your opinion. Its noted. Now please get on and do the work", rather than find another solicitor.

***********

Just peeked at the plan and thought "Only difference between my last house and that one is that it doesn't seem to have a gate leading out from its back wall into the alley". To me...I'd just think "Tiny tiny bit more hassle to put my dustbins outside my back wall and why would that be a problem to anyone?"

Re security...there were a couple of times that people who didn't have any right to use my back alley did so to my knowledge and I was a bit wary about that, but they couldn't have got through the locked back gate I had (or just plain wall you would have) and, if I spotted anyone climbing over into my back yard then "on their head be it".....

G_M

moneyistooshorttomention wrote: »

I thought the way solicitors operate is that they are entitled to tell you if they think you are wrong/the law is different/etc/etc and indeed should do so. But, having done that, if you're prepared to pay then they go ahead anyway and do as instructed??

I would just say "I hear your opinion. Its noted. Now please get on and do the work", rather than find another solicitor.

...

Indeed.

the solicitor works for you. They have a professional obligation to advise you of legal issues (eg ROW/mortgage problems) but the key is 'advise'. Having done so, they have fulfilled their professional duty.

You, of course, are then free to act on, or ignore, their advice, and can instruct them accordingly.

ding_dong

G_M wrote: »

Indeed.

the solicitor works for you. They have a professional obligation to advise you of legal issues (eg ROW/mortgage problems) but the key is 'advise'. Having done so, they have fulfilled their professional duty.

You, of course, are then free to act on, or ignore, their advice, and can instruct them accordingly.

Thanks. But they should not be mis advising me either. I totally get if this is a real issue and they shout about it but in this case, it looks totally a non issue to me therefore is a kind of a mis advice to my mind. And If I am paying someone then I'd expect them to give me right advice and not the wrong one ... that's all I am saying.

Again, unless she has a very good reason which I need to understand, she has wasted my weekend which has mostly gone into this research (without finding anything fruitful) along with the unnecessary stress it has caused.

Thanks.

franklee

The property in the top right corner of your block has the same layout. Why not pull their documents from the land registry to see how they differ from yours and see if they have a mortgage. Or knock on their door and ask them.

Also did you specifically tell your solicitor there is no back gate. Maybe she assumed there is.