Misrepresentation AND failed local searches

Davesnave

EachPenny wrote: »

Because claiming the OP has no access rights puts the neighbours in a stronger bargaining position.

If that's their motivation they are very naive, but there's no law against that! As Comms says, there's no urgency to resolve this immediately.

Our neighbours were at least trying to use logic, insisting that as their properties were much older than ours, we must be bound by the same rules as them.

However, what they failed to grasp was that at the time our house was built, their houses had farm animals living in them! The farmer owned our house, so he didn't give himself a repairing obligation. It wasn't until 15 years later that the farm buildings were sold and converted for human habitation, when a set of management rules were drawn-up for the whole development. We're physically close, but legally separate.

Who knows what the history of this house will throw up?

EachPenny

Davesnave wrote: »

If that's their motivation they are very naive, but there's no law against that! As Comms says, there's no urgency to resolve this immediately.

Yes, on reflection I'll rephrase to better explain what I meant

EachPenny wrote: »

Because the neighbours think claiming the OP has no access rights puts them [STRIKE]neighbours[/STRIKE] in a stronger bargaining position.

Ady1

I think what is being missed here, as much as my solicitor is currently directing me to undertake a fact finding mission to establish what rights I have. For example what use was the garage, the date it was built. Who holds what information relating to the private road.
I purchased a property on the basis it was at the end of an adopted road.

Backed up by a vendor who responded in writing on a disclosure form that no access issues or disputes was known of during the ownership of the property.

Further confirmed by request of my solicitor to draw a diagram of where her car was parked on a copy of the land registry. Which was completed.

I surely can not be made to blame for this mistake, Someone or some body is accountable?

Ady1

I’m informed that it was a working garage for the repair of motor vehicles during the 80s and 90s. The floor of the garage is painted with boundary’ markers . I’m my opinion they look like safe zones and working areas. If that makes sense.

The neighbours however inform me that the area used to be a farm up until the 90s with a working garage. Prior to this they formed Work houses during the 17C. However the farm was broken up into seperate dwellings at which point the road accessing our drive way was divided up and evident on there deeds.

Cakeguts

Ady1 wrote: »

I’m informed that it was a working garage for the repair of motor vehicles during the 80s and 90s. The floor of the garage is painted with boundary’ markers . I’m my opinion they look like safe zones and working areas. If that makes sense.

The neighbours however inform me that the area used to be a farm up until the 90s with a working garage. Prior to this they formed Work houses during the 17C. However the farm was broken up into seperate dwellings at which point the road accessing our drive way was divided up and evident on there deeds.

Just because it is in their deeds doesn't mean that you don't have right of access over it.

Ady1

Can you elaborate on this idea that although it’s a private road, owned by my neighbours as stated in their deeds.
It doesn’t mean I don’t have access?

According to the neighbours Letters have been sent to the previous vendor stating her breech of access along this road, written by her litigation solicitor.

Both are insistent that the access for our home is via a footpath to the back of the house.
The said footpath is on my deeds. However it states a route for another neighbouring property must have access past our property and up the private road in question to a Work house. The said Work House no longer exists. Never was there a suggestion this access was granted for us to pass the other way.

Ady1

[Just because it is in their deeds doesn't mean that you don't have right of access over it/QUOTE]

Davesnave

Ady1 wrote: »

I think what is being missed here, as much as my solicitor is currently directing me to undertake a fact finding mission to establish what rights I have. For example what use was the garage, the date it was built. Who holds what information relating to the private road.

I surely can not be made to blame for this mistake, Someone or some body is accountable?

We aren't missing anything and no one is blaming you, but this won't be an instant fix.

Establishing the historic use of the lane and garage is important, but when you have gained what info you can from the neighbours, a more formal means of recording their testimony will be needed. This should be done by your solicitor, or a new one, if you feel that yours is out of their depth.

Put simply, your claim for a right of access could be through what is known as an easement by prescription. It doesn't matter who owns the land, if a previous owner of your house used the lane for access with a vehicle over a 20 year period, they would have created a right of way over it.

Your neighbours have already unwittingly given you ammunition by stating that the garage was used for repairs in the 80s and 90s, so that's a good start.

To sum up, you may have to spend more money following a legal process to get this matter resolved, but once costs are established, you should have an excellent case to claim against the search provider and/or the previous owner. Don't upset the latter, because you will also need testimony from her, even though she's been dishonest so far!.

I'm now going to leave a message on the Land Registry's own thread for them to look at this one.

moneyistooshorttomention

So I'm guessing that the question you need to ask a solicitor is along the lines of "I can prove the property has had access up that road in the past for over 20 years (even if it's not the immediate last 20 years) and therefore does that access still legally exist - under something like Prescriptive Rights?"

I believe footpaths can basically never be extinguished (even if long unused) - unless an alternative route is found for that footpath.

I would have thought the same rule applied to roads and motor vehicles.

As a second thought - have you asked them why they are taking this attitude? I would be very inclined to ask them the question directly of "Why don't you want me to use OUR road?" and see what the response to that is....

moneyistooshorttomention

Davesnave wrote: »

Your neighbours have already unwittingly given you ammunition by stating that the garage was used for repairs in the 80s and 90s, so that's a good start.

To sum up, you may have to spend more money following a legal process to get this matter resolved, but once costs are established, you should have an excellent case to claim against the search provider and/or the previous owner. Don't upset the latter, because you will also need testimony from her, even though she's been dishonest so far!.

.

We cross-posted Dave.

But - seems we're both agreed that Prescriptive Rights for a Right of Way seems the most likely way forward.

I'm not so sure that I'd think the previous owner was dishonest here - so much as thinking "I stood up to the neighbours and just ignored their attempts at bullying me - so I expect anyone buying the house to do the same and just ignore them".

But - yes - get testimony from her if you can.