House Purchase - Unadopted Road Help

davidmcn

It's a standard indemnity policy. It's fine. You have the theoretical (hopefully tiny) risk of somebody challenging your access rights, probably worthy of more note is that this might put off some buyers in the future (or they may at least need the indemnity policy topped up if the value of the property has gone up).

Note that your solicitor hasn't found out who owns the lane, so the farmer might not even be the correct person to speak to (and as mentioned above, you shouldn't talk to him about it anyway, if you want to leave open the option of using the indemnity policy). If it's a situation where it's difficult to work out who owns the lane (and therefore who has the right to grant you any formal rights of access) then the indemnity policy may be the only way of proceeding anyway.

lovehols

davidmcn wrote: »

It's a standard indemnity policy. It's fine. You have the theoretical (hopefully tiny) risk of somebody challenging your access rights, probably worthy of more note is that this might put off some buyers in the future (or they may at least need the indemnity policy topped up if the value of the property has gone up).

Note that your solicitor hasn't found out who owns the lane, so the farmer might not even be the correct person to speak to (and as mentioned above, you shouldn't talk to him about it anyway, if you want to leave open the option of using the indemnity policy). If it's a situation where it's difficult to work out who owns the lane (and therefore who has the right to grant you any formal rights of access) then the indemnity policy may be the only way of proceeding anyway.

Thank you for your reply. I'll see what the solicitor says. It's a move into our forever home so we most certainly won't be selling. The lane is a bit of a potholed mess with the tractors, milkers and such up and down it but any pot holes directly outside the house we can sort etc.... It's in our interest so try don't damage our car bumper etc.

moneyistooshorttomention

Mgman1965 wrote: »

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

From it being a bridleway - then I would very much doubt vehicles are allowed up it (whether for access to the houses or any other reason).

A bridleway - by definition - is for horses and people on foot.

Put like that - I wouldnt want the house regardless (and I'm in an unadopted road myself).

Mine is a road though (ie tarmaced and specifically meant for access to the houses in it). Yours isnt.

I'd be back onto Rightmove looking again in that position.

Shame - as, all else being equal, I'd like a house by a canal as well.:(

I'd be wondering whether these tractors and milkers etc are allowed up it either - with it being a bridleway - though that may be happening because no-one dares to tell the farmer they arent to?.

moneyistooshorttomention

Just done a quick Google, asking "Can vehicles use a bridleway?" and the answer is No.

https://www.environmentlaw.org.uk/rte.asp?id=207

Well that answers that question then - unless you fancy blistering arguments with the local Ramblers Group et al - whilst knowing you're in the wrong....:cool:

lovehols

That is really confusing as the farm is at the end of the lane which is a bridleway so the farm is also breaking the law, which means they cannot use the tractors to harvest the fields which are down the lane, they can't milk the cows etc etc....

moneyistooshorttomention

You may be in a part of the country where farmers are deemed to be a "law unto themselves" and get away with things that arent right/others wouldnt get away with them.

I've been surprised to find what farmers can get away with sometimes in the part of the country I'm now in:cool:

He's probably got "contacts" on the local Council - or might be on it himself...

DaftyDuck

moneyistooshorttomention wrote: »

You may be in a part of the country where farmers are deemed to be a "law unto themselves" and get away with things that arent right/others wouldnt get away with them.

I've been surprised to find what farmers can get away with sometimes in the part of the country I'm now in:cool:

He's probably got "contacts" on the local Council - or might be on it himself...

Blimey... I now count as a farmer (hobby only), I'm also a (Parish) Councillor now as well, and I own the private access road to a few houses...

Should I just hand myself in?

OP. I would be worried. Bridge, bridleway, dependency on local farmer (they aren't all as kind and sweet as I am... )... Too many unknowns, and they compound each other....

lovehols

I've asked the solicitor for clarification on a number of points. Hopefully we shall hear back soon. I can't think that this house and a number of others have just ignored this issue...... Especially the one the other side of the canal that sold fairly recently.

I'll update as soon as I know more.

Linton

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).

That is not proof of ownership. I understand ownership of some canal bridges is unclear documentation having been lost in the past 250 years. However CRT may be forced to do work on a bridge if it presents a safety risk, or they may be working under contract to the owner.. You should talk to CRT to confirm ownership.

EachPenny

moneyistooshorttomention wrote: »

You may be in a part of the country where farmers are deemed to be a "law unto themselves" and get away with things that arent right/others wouldnt get away with them.
....
He's probably got "contacts" on the local Council - or might be on it himself...

Before casting too many aspersions.....

lovehols wrote: »

That is really confusing as the farm is at the end of the lane which is a bridleway so the farm is also breaking the law, which means they cannot have the fields which are down the lane, they can't milk the cows etc etc....

You and others are getting confused by the different types of access rights. For a bridleway the public in general are not permitted to drive motor vehicles along it, but the landowner, or persons visiting/having business with the landowner, are allowed to drive motor vehicles over it.

Footpaths and bridleways are generally located on private land, and it would be a nonsense if the landowner was not permitted to drive a vehicle on it.

You need to check the exact legal status of the track - is it really a bridleway, or is it a 'byway'? Byways were formerly known as BOATs (byway open to all traffic) which was a form of non-adopted highway open to the public for all forms of transport.

Check the local council's definitive rights of way map (usually available online) and see what status this track actually has. Don't rely on any signs on the road etc which state "Bridleway" - the definitive map and associated documents are the legal statement of the type of highway that exists.

INAL, but I think your solicitor's comment:-

We have inspected the title deeds to the property and we have not been able to locate a right of way over this lane and therefore there is no legal right for you to use this lane in order to access the property.

-is not entirely accurate. There is no legal right arising from the deeds of the property you want to buy, but you clearly have a right (it appears?) to access the property from the 'bridleway' - the only question is whether you are permitted to access the property using a motorised vehicle and that will come down to a question of interpretation of the highways legislation and what is said in the deeds of the parcel(s) of the land the track is on.