Buying a house potentially no right of way registered?

subcapsular

Hi all

Just after some advice, I’ve just had searches back on a property I’m looking to purchase.
Property was constructed in 1991 it’s on a private estate.
All properties on this estate pay an annual management fee to a company which looks after the road, grits the road and clears leaves etc.
My solicitor hasn’t informed me that he can’t see a right of way registered with land registry and has gone back to vendors solicitors who are investigating.

Now, there may be a right of way registered on a separate document but if there isn’t where do I stand?

I really want the house and I’ve searched and noted as it’s been 30 odd years since the property was built it should be granted under easement anyway? I believe ?

If there isn’t a right of way the solicitor will have to report this to the lender and may affect the loan.

How long does it take to register a right of way with land registry?
There’s no neighbours involved just the house and management company.

The gentlemen who lived in the property and who built the property unfortunately passed away and none of his kids who are dealing with the estate are any the wiser.

Any advice appreciated as I’m on a tight deadline before mortgage offer expires!

Cakeguts

If there isn't a right of way to get to the house you won't be able to access it.

G_M

Cakeguts wrote: »

If there isn't a right of way to get to the house you won't be able to access it.

unless you can establish a ROW by other means eg prescription.

subcapsular

Well there is technically a ‘drive way’ which opens out onto the private road.

The previous owner has been paying the management fees to the limited company every year.

It’s just not showing on the main deed at land registry.

So my question is really how long does it take to get easement by prescription registered?
The management company and owners of the road are more then Amicable and will be happy to help.
Just don’t want to delay exchange of contracts to a point where my offer expires

Thanks

G_M

subcapsular wrote: »

So my question is really how long does it take to get easement by prescription registered?

Have you read the linkin my post above? Or tried googling 'easement by prescription'?

Or is your question about how quickly the LR would take to process an application? Only the LR could answer that one.

da_rule

How long has the current owner lived there? If it’s more than 20 years then they could provide a statement of truth or statutory declaration setting out their use. You then have 2 options: (1) Ask them to register it before you proceed or (2) You register it when you complete.

moneyistooshorttomention

G_M wrote: »

unless you can establish a ROW by other means eg prescription.

Meaning the occupants of the house have been using that road for over 20 years - which they clearly have in your case.

For a "statement of truth" it sounds as if you'd have to get the heirs of this house to do it (if they have been visiting it regularly whilst last owner was alive) or a long-standing neighbour.

eddddy

subcapsular wrote: »

So my question is really how long does it take to get easement by prescription registered?
The management company and owners of the road are more then Amicable and will be happy to help.

You would only need an easement by prescription if the owners of the road weren't co-operating, and/or objected to you having a right of way.

If they are happy for you to have a right of way, they can sign a deed anytime (e.g. today) saying so.

Although, in reality, their lawyers need a bit of time to draft the deed, and your lawyer would want to check the deed for loopholes etc, so it might take a couple of weeks.

subcapsular

The owners of the road are co operating and fully aware of the right of way I think the heirs are currently digging through paperwork to see if right of way has been registered separately?

Is there a quick way to check with and registry if this has been registered?

I have no problem in registering it myself post completion but I think mortgage company may have an issue releasing funds if my solicitor reports back to lender saying no right of way at present

G_M

Who actually owns the road? I assume the 'management company' are employed by the owner to manage things. Have you done a map enquiry with LR? Or spoken to the Manco?


Beyond that I don't see where else you can 'search' beyond via the sellers.