House Purchase - Unadopted Road Help

lovehols

Hi

We are buying a property which is down a lane, which is unadopted.



So, should I be worried about anything?

kaych

I would be worried. If that is the only access to your property and you do not have a right of way. I would personally establish the access right first before purchasing the property. As there is the potential that you may be left with a property with no access and the farmer may decide later to charge you for whatever to use and maintain it and you will have no choice but to accept. I am just being the cynic here...

G_M

So how exactly will the indemnity insurance help? Ask!

if the farmer (tries to) denies you access
1) will it cover your legal costs fightingg him?
2) will it cover the cost of you moving again if you lose in court and have no access?
3) will it cover the loss in value of the property if there is no access?

Personally, I'd go and talk to the farmer! If he'll agree to grant a legal ROW (maybe at a cost?) then your solicitor can put that in place.

Robin9

Whose responsibilty is the canal bridge ?

davidmcn

G_M wrote: »

Personally, I'd go and talk to the farmer! If he'll agree to grant a legal ROW (maybe at a cost?) then your solicitor can put that in place.

But if he doesn't want to then you're stuffed, as the indemnity policy would be invalid if you've already contacted him about the matter.

lovehols

Thanks I've sent a list of questions to the solicitor. There are other houses down the lane just before ours so I'm sure they have had similar issues.

We were going to go and visit at the weekend so we will go and speak to the neighbours across the canal from the house and also the farmer to see if we can establish if they do own it or not.

Total panic now!

lovehols

Robin9 wrote: »

Whose responsibilty is the canal bridge ?

I would presume the Canals and Waterways trust. Infact on the website they have previously advertised they are doing work on the bridge in a couple of weeks for maintenance (it wouldn't prevent access).

The undaopted lane is also a bridleway, from the main A road to the farm. Surely if it is a bridleway anyone can access the lane, including us and the other houses. Or would you need to be on a horse?

lincroft1710

There is no public right of access over a designated bridleway for motor vehicles

Mgman1965

lovehols wrote: »

I would presume the Canals and Waterways trust. Infact on the website they have previously advertised they are doing work on the bridge in a couple of weeks for maintenance (it wouldn't prevent access).

The undaopted lane is also a bridleway, from the main A road to the farm. Surely if it is a bridleway anyone can access the lane, including us and the other houses. Or would you need to be on a horse?

you possibly have a pedestrian or on a horse right of way but not vehicular.

lovehols

Thank you everyone.

I will have to see what the solicitor says. This is really worrying us. The cottages the other side of the canal bridge clearly have the same issue and one was purchased/sold a year or so ago so I wonder if talking to them would be helpful.

lovehols

Hopefully will be sorted soon