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Right of access on a ex council house
Apollo_the_bulldog
Posts: 2 Newbie
Hi all
I wanted to pick peoples brains and get some advice as I'm stumped and cannot find any info regarding this on the internet.
After speaking to a neighbour today I was curious as to why his neighbour had sold his property (stc) but all of a sudden the estate agent sign had been taken down and the sale fell through.
He stated to me that the potential buyer of his neighbouring property had demanded a key to to access that runs along his property to allow him to bring his motorbikes through.
My neighbour rang his solicitor and was advised by them that when an ex local authority house is purchased from the council then the property and the land becomes private and the access rights are extinguished. He was also advised to erect a fence along the boundary by the same solicitor.
Does anyone else have any knowledge of this and if indeed this is correct?
I'm confused
I wanted to pick peoples brains and get some advice as I'm stumped and cannot find any info regarding this on the internet.
After speaking to a neighbour today I was curious as to why his neighbour had sold his property (stc) but all of a sudden the estate agent sign had been taken down and the sale fell through.
He stated to me that the potential buyer of his neighbouring property had demanded a key to to access that runs along his property to allow him to bring his motorbikes through.
My neighbour rang his solicitor and was advised by them that when an ex local authority house is purchased from the council then the property and the land becomes private and the access rights are extinguished. He was also advised to erect a fence along the boundary by the same solicitor.
Does anyone else have any knowledge of this and if indeed this is correct?
I'm confused
0
Comments
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We have bought and sold a number of ex council houses where an access passage belongs to one house but the deeds state something like "Must allow full unhindered access to neighboring plot".
This remains after the sale and stays in place.Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.0 -
I thought this may be the case but he is adamant that he can block it off under instruction of his solicitor.
I'm wondering if it may be that the access has not been used for a good number of years and there for could be extinguished. But surely some kind of legal document is needed for this?0 -
My previous place was an ex council (oddly sold from the council in the 50s so a bit of a rarity) terrace (end), and the 2 neighbours both has access rights around it. (only next door still council (well HA I think)).
It should be in the deeds (of all houses affected) and can only be removed by mutual consent.
I'd say his solicitor is an imaginary friend. But hey he put someone off. What an !!!.0 -
The would be purchaser could have checked the Land Registry entries?0
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Right of access can only be extinguished with the agreement from the property which benefits from the access0
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Its possible there was never a right of way but the land was viewed as communal with access for all residents. Change of ownership may cancel this.0
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Not if the walkway has been used for 20+ years.Norman_Castle wrote: »Its possible there was never a right of way but the land was viewed as communal with access for all residents. Change of ownership may cancel this.
Permissive rights trump issues of council/non council ownership, but it depends on the level of proof needed, I'd think.0 -
If the land was communal and available for tenants using it wouldn't give permissive rights, they would be using land they rent.Not if the walkway has been used for 20+ years.
Permissive rights trump issues of council/non council ownership, but it depends on the level of proof needed, I'd think.0
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