Is there a legal solution for a landlocked property?

eloy7

I understand that legally, he owns the surrounding lands, but how it is possible in practice.

Isn't it the right of an owner to access his house?

For example, does the local government expect an owner to pay council tax for a house in which he cannot live (even enter)?

moneyistooshorttomention

eloy7 wrote: »

Don't know exactly, but it is an old house. Definitely, older than 20.

Then I guess it could be worth looking into the fact that maybe the owner of the house has now acquired prescriptive rights to access the house because of having got to it over those gardens for over 20 years.

Could be an avenue worth investigating??

After all, if strangers (ie neighbours) sometimes have rights of way over gardens that don't belong to their property and have never belonged to their property and there are various home-owners having to put up with strangers walking through their gardens accordingly - then maybe this is the way forward here...

xylophone

Surely the mortgagee took a first charge over the whole of the property, including the front and back gardens?

If the deeds were to be split, would not the consent of the mortgagee be required?

Is it possible that a mortgagee would permit such a split, or, in the alternative, lend against only a house and not the front and back garden?

Mystified!

xylophone

For the record, we have gardens over here. Front and back.

I have a relative who owns a terraced house in Yorkshire which has both a back yard and a back garden, the one separated from the other by an access way.....

libf

eloy7 wrote: »

I found a mid terraced house, which well fitted my requirements, and was below the market price (later, I found why). I made an offer and was accepted by the vendor (i.e. mortgagee).

Then, the estate agent advised me that this property is landlocked. The previous owner has separated the title deeds for front and back yards. Now, owner of the house cannot enter the house.

Is it a common problem (totally new to me), and is there any legal solution for that?

You need to pay a professional for legal advice before you proceed, or else run a mile.

moneyistooshorttomention

I would agree with paying a professional for advice on this.

What you can get from this Forum are general ideas as to possible avenues to proceed down.

In choosing a professional - don't pick an ordinary "common or garden" generalist solicitor. I've watched a couple of them at close range and been astonished by just how incompetent they turned out to be for their client.

Pick one who is more of a specialist in property.

System

moneyistooshorttomention wrote: »

Then I guess it could be worth looking into the fact that maybe the owner of the house has now acquired prescriptive rights to access the house because of having got to it over those gardens for over 20 years.

The clock will only start ticking from when the yard(s) and house came under separate title.

While all the land is under one title then any rights of way that may have existed if previously split will have been extinguished and no new ones can be created. You can't give yourself the right to use land you own

The question to ask is when was the land split. and more to the point, get hold of the deeds for all three areas from the land registry to find out what they say

PasturesNew

Normally it is tricky, but you might have been able to negotiate/buy a right of way, or strip of land from the owner of the surrounding land.

In this instance, it looks like the owner's pulled a fast one and is sitting/laughing at the repossession.

In this case, best thing to do is either:
1] Speak to the owner, see if he would sell you access
2] Run away.

GaleSF63

eloy7 wrote: »

By the way, I am from the US, but buying in the UK. Subtle attention to terminology

Plenty of back yards in the Midlands and the North. Tend to be paved or mostly paved.

I have yet to come across a front yard though.

And then in Scotland we have back greens - whether green or not - usually associated with tenements, though my husband would sometimes refer to our garden as the back green - more from habit than accuracy I think.

You've just added to the mix.

moneyistooshorttomention

As another take on how to deal with would-be clever clogs previous owner that obviously thinks they've pulled a blinder - maybe the mortgagee has some ideas on how a would-be new owner of this house could best proceed to actually take occupancy of their own house (ie other than trespassing over the former garden to get into the house and then getting onto the Internet about it all to complain about the situation.....)?

Are they sitting there thinking that a new owner could live in the house itself and previous owner couldn't prevent them getting to/from the house via the gardens and its just down to new owner not being able to actually use their own garden (ie because it wasn't on the title)?



Surely the mortgagee does actually wish to sell this house and has got tame solicitors to hand and I wonder if it would be up to them (rather than would-be buyers) to think of just how a new buyer would be supposed to live in that house.

They must have some "take" or other on how they think a would-be buyer can proceed surely? - so I'd downright ask them "Since it seems to be just the house itself that is up for sale then can you confirm:
a. Its not possible to use the garden
b. New owner couldn't be penalised in any way for gaining access via the garden

and therefore what you are selling is a perfectly viable house - but just one that doesn't have a garden at all?"