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Shared access - odd question.

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  • moneyistooshorttomention
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    Well you could change your signature to "Look before you leap":)

    As that's precisely what you just did...

    There's a lot of wisdom summed up in just a few words in many of these old sayings.
  • circuit
    circuit Posts: 508 Forumite
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    Your dad sounds like a clever chap and so is your solicitor. When you find something else, I expect you'll be very glad you backed out of this one! Good luck
  • YoungBlueEyes
    YoungBlueEyes Posts: 4,074 Forumite
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    I can't remember who asked, but here are the relevant parts of the title deeds. I don't know what they were charging for commas and full stops back then, but they must have been bl00dy dear!

    A: Property Register
    2) "Except and reserved under the Transferors and their successors in title the owner or owners and occupiers for the time being of the adjoining dwellinghouse number 39 Kilbourne Road Belper aforesaid full free right and liberty to pass and repass at all times and for all purposes but on foot and with barrows only over along and upon the pathway included in the property hereby transfered as a means of access to and from Kilbourne Road Belper the Transferors and such other person as aforesaid paying a proportionate part according to use of the cost of maintaining and repairing the same."

    C: Charges Register
    1) By a conveyance of the land in this title and other land dated xxxx made between Mr Thing and Mr Thang the land was conveyed subject as follows:-
    "Subject nevertheless to...........the rights and easements granted by and excepted and reserved out of the agreements and matters affecting the same contained in the several conveyances off by the said Mr Thing and Mr Thang of the adjoining or adjacent properties numbers.......... 33 35 37 and 41 Kilburn Road Belper aforesaid so far as the same affect the property hereby vested."


    When we were discussing the paperwork side, Mr solic asked me "how keen are you to get into more legal wranglings?" "Ah um what?" The locked gate carry on has already been challenged (and lied about on the property form), but he's not taken a bit of notice. I asked if that was a court thing or police thing or what but he didn't answer. It turns out there's a ROW down the inside length of his garden too, and he's got 3 sheds of various sizes blocking it. I told him about the gate and the one key and his own parking space etc, he said "some people deserve to come a cropper. I'm only sorry I don't get to see it".

    The coal board thing. It came up in the searches that there's a (and I've forgotten what he said :o) either a mine shaft or a mine head within 25 metres of the property. "Oh gawd. I don't suppose there's a list of properties that have actually suffered because of this is there?" Mmm well you can do a lot of it online yourself for free, the websites are incredibly detailed and helpful."

    So there we are. For anyone else that comes across this needing help, the lessons are -
    1) Pay for full surveys and searches. Don't scrimp. You're spending a great bunch of money on a house, don't try and save £50 here. Really.
    2) Take a deep breath and knock on neighbours doors (if they aren't washing their windows or 'doing the garden' :p). Ask them what's what. Go door to door. As many as you dare. Do this!
    3) Estate agents are g0dd4mn liars and there's nothing you can do about it. Check everything they say. There's so much you can do yourself now with websites and fora. Use them. All of them.

    So there we go. Man have I dodged a bullet!

    However I'm now short of somewhere to live, so if anyone has a house to sell let me know ha haa!
    The second man to go over Niagara Falls in a barrel, Bobby Leach, survived the fall but later died as a result of slipping on a piece of orange peel.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    edited 5 October 2018 at 9:08PM
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    The locked gate carry on has already been challenged (and lied about on the property form), but he's not taken a bit of notice. I asked if that was a court thing or police thing or what but he didn't answer. It turns out there's a ROW down the inside length of his garden too, and he's got 3 sheds of various sizes blocking it.
    That's all you needed to know. The guy clearly has a security and privacy issue with his property, thanks to this RoW, so it's worth a plenty to him if he can subvert the legal set up and convince others it no longer applies. He will fight tooth and nail rather than acquiesce now.


    He really needs a couple of strapping mountaineers to purchase next door who will visit the pub, have a few bevvies, then scale his fence and sheds using crampons, just for the hell of it!:rotfl:


    Oh well, to twist a well-worn phrase, "Her search continues..." You will do better than this. :)
  • YoungBlueEyes
    YoungBlueEyes Posts: 4,074 Forumite
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    Ha haa yeah a couple of strapping lads who don't give a monkey's - I wish I could see that!

    It's an odd ROW though. There's a big hedge that runs from the end of no 6 on the right for a least 4 houses (that I could see from the back bedroom window). That's the rear boundry. The other side of the hedge is other people's gardens. The ROW is shown as going from no 6's bottom left corner of his garden up to the back right corner of no 5's kitchen. If that makes sense. So it can't have been used for many years.

    Anyway. It's the next person's issue now. My search is indeed continuing. There are some rather nice spots in Leicestershire.....
    The second man to go over Niagara Falls in a barrel, Bobby Leach, survived the fall but later died as a result of slipping on a piece of orange peel.
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
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    How interesting. The OS map shows a right of way across the road from there. And there are a few very disjoint bits a couple of streets north. I wonder how that came about!
  • YoungBlueEyes
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    How interesting. The OS map shows a right of way across the road from there. And there are a few very disjoint bits a couple of streets north. I wonder how that came about!

    Yeah there's a snicket through the 2 properties opposite that goes down into the next street. Thinking about it, I wonder if that lines up with the one in no 6's garden? So the whole row has been built right across the middle of it! Bit odd that...
    The second man to go over Niagara Falls in a barrel, Bobby Leach, survived the fall but later died as a result of slipping on a piece of orange peel.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    Technical question: How does a snicket differ from a ginnel? I had to google snicket.
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
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    I'd imagine they're the same just in different places Smodlet? Local dialect?


    As I've apparently got nothing better to do, I found some old maps of the area. No idea why this right of way exists still!

    https://maps.nls.uk/view/101601252
    https://maps.nls.uk/view/101601249
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    I'd imagine they're the same just in different places Smodlet? Local dialect?


    As I've apparently got nothing better to do, I found some old maps of the area. No idea why this right of way exists still!

    https://maps.nls.uk/view/101601252
    https://maps.nls.uk/view/101601249

    I believe I have figured out the connection; apparently I have nothing better to do either. The answer is a lemon... :D
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