Misrepresentation AND failed local searches

Land_Registry

I've taken a look at the titles involved and the paper history associated with the OP's own titles.

The first thing to mention is that the advice given to date around pursuing the historical details is the right course of action and hopefully the solicitor and the seller can assist there.

The second thing to mention is that this is a very unusual circumstance so a very difficult one to try and cover through wide and general advice as there is it seems likely to be considerable reliance on what the seller knows/knew as well as the prior owner who was the first registered owner and who I suspect has far more knowledge of how things were arranged when the properties evolved into the dwellings they are now.

I think the changes to the properties go back several decades and it is possible that poor conveyancing meant specific rights of access/way were not granted as one would expect or they were but somehow that detail has been lost within the deeds

I think it's unlikely to be the 'lost' part as the titles that own the access road also do not refer to the OP's property has having a right over it. It would be very odd for at least one not to mention the right if it was a 'lost' issue.

The OP originally asked as to where the liability/costs might lie and how much. That is quite separate form any registration issue as the titles are quite clear through their silence that the right is not registered.

The search result revealing that the road was adopted will therefore most likely be key to the liability/cost aspect.

Pinning down the seller and/or tracing the previous owner is likely to be harder but still worthwhile pursuing. Not from a 'lost' angle but more from an understanding of the history of the properties and their interactions with the road owners and/or their own use of it. That will feed into any claim for a prescriptive right.

If the OP is able to unravel the above then that is one option. The second, which I suspect will depend on the outcome of the above and more, may be to try and seek a legal easement whereby they grant a right with or without conditions around costs. That is one very much for the solicitor to advise on of course and may be an alternative depending on how the other efforts play out. If there's a cost to that then that may be something to factor in to the liability/cost equation.

The above is of course based solely on what has been shared here and in email as well as the registered details. We can't provide legal advice and that is what is needed. We can provide registered details, which we have, and add some wider thoughts based solely on experience of dealing with such matters from a registration perspective.

As posters will appreciate often the thoughts, attitudes and experiences of the actual people involved will also have a significant part to play and again that is something the solicitor will have a lot of experience of so it is their advice which is key