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Advice on Land Registry and Prescriptive Easement.
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Often these things can be left to the buyer to resolve, although it would be worth offering to swear a statutory declaration to the effect that you've had uninterrupted use of the access for the period of time you claim.0
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Have just walked away from a house where the right of way had been used for years but wasn't formally documented and the vendor wasn't prepared to sort it out. Too much risk - and I didn't have to worry about a lenders views.
Not having it sorted out will rule out a number of buyers.0 -
I'm now in the reverse situation, having bought a property that encompasses two others, only one of which has clear access rights. The one that does not has been up for sale for best part of a year, and had ~ £70,000 cut from the price. Potential buyers appear to be partly concerned by the lack of legal access (and the fact it's heated by storage heaters, and has my ruddy great barn stuck right beside it...
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If the owner (whom I've only had the 'pleasure' of meeting twice) came to see me, and asked about sorting it out, I'd be delighted, so long as he'd cover the legal costs. However, he hasn't bothered, has upset at least two estate agents and several potential buyers, and has been stuck with two properties, one unwanted and empty, for a year now.
If ever there was a case for G_M's tea and cake solution.... Oh well!
OP: Do bother to sort the legalities as best you can. Engage a solicitor who can get it cleared, and make the best job you can of it. Do it before you market the house, if possible. It might be worth putting some real research into finding an owner for that track, if at all possible.0
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