Buying house on private road right of way

subcapsular

Hi

I’m purchasing a probate property on a private estate.
During conveyancing it was picked up by my solicitor no right of way is registered.

The deceased elderly gentleman built the property 30 years ago and has interuptd use of his drive which leads onto a private road and then onto a main adopted road.

The vendors solictor has provided a deed of covenance from the management company for the incoming purchaser(myself) annual fee of £150 per annum for maintenance of which we were fully aware.

My question is my solicitor is saying he has to ‘report’ to lender about the right of way not being formally recorded. Will this pose any issues?

Agents are saying the management company looks after 280 roads across the estate and all have similar arrangements and never have they had an issue selling the house.

My solicitor has been very pendantic throughout the whole process from source of funds for deposit to the searches (I’m
Not complaining it’s his job)

But I just wanted to know weather this is him being over cautious and it’s already been 4 months since offer was accepted?

And weather the lender will accept the deed of covenance from management company?

I must add the management company don’t actually own the road, it is registered but owner is untraceable as it was once a whole estate owned by an earl over 150 years ago and the estate was split into plots and sold but the road was never sold on.

Many thanks

xylophone

but the road was never sold on.

Does his current lordship own it?

davidmcn

subcapsular wrote: »

My question is my solicitor is saying he has to ‘report’ to lender about the right of way not being formally recorded. Will this pose any issues?

That depends what his report says, surely? If it's "we recommend you don't lend" then obviously that will be an issue.

My solicitor has been very pendantic

I think you'll find it's....ah, never mind

I must add the management company don’t actually own the road, it is registered but owner is untraceable

So if it's registered, who is the registered proprietor? On what basis can the management company grant any rights over it if they're not the owner?

G_M

subcapsular wrote: »

I’m purchasing a probate property on a private estate.
During conveyancing it was picked up by my solicitor no right of way is registered.

The deceased elderly gentleman built the property 30 years ago and has interuptd use of his drive which leads onto a private road and then onto a main adopted road.
when, why & by who was his use of the road 'interuptd'?


The vendors solictor has provided a deed of covenance from the management company for the incoming purchaser(myself) annual fee of £150 per annum for maintenance of which we were fully aware.is this amount fixed? Variable? What's the condition of the road? how many other properties contribute/use the road?

My question is my solicitor is saying he has to ‘report’ to lender about the right of way not being formally recorded. Will this pose any issues?
The lender will be advised by their solicitor and almost certainly follow his advice.


Agents are saying the management company looks after 280 roads across the estate and all have similar arrangements and never have they had an issue selling the house.ignore everything the agent says - they just want the sale to proceed and to get their commission. That's why you have a legal adviser.


My solicitor has been very pendantic throughout the whole process from source of funds for deposit to the searches (I’m
Not complaining it’s his job) Good

But I just wanted to know weather this is him being over cautious and it’s already been 4 months since offer was accepted? He's being cautious as is his job, and advising you (and the lender) of the legal position. Not sure of the relevance of the 4 months......

And weather the lender will accept the deed of covenance from management company? what difference does the weather make? Rain or shine, they will probably follow the solicitor's advice.

I must add the management company don’t actually own the road, it is registered but owner is untraceable as it was once a whole estate owned by an earl over 150 years ago and the estate was split into plots and sold but the road was never sold on.

Many thanks

If the owner is untraceable, by what right do the Manco act? Who do they report to? Who pays them and why?


I'd be as worried by this as by the ROW!

subcapsular

Pedantic** 😂

He has gone back to the vendors solicitor asking the
to provide title to the road.

The agents told us about it being registered to the earl and at some
Point in the last 40 years up keep was taken on by management
Company who have provided there company accounts.

I don’t have full details of the arrangement, the house next door sold 3 months ago (again no right of way on the deeds)

And it was never brought up and lender had no issues? Which is why I’m questioning his rationale?

It’s been there and the driveway used for 30 odd years so it would have right of way through prescription of easement anyway but getting this all registered will be time consuming and I’m sure we
Can do this post completion.

I think he may report to lender and advise of indemnity insurance but just boggles me how all the other properties on the estate of which there are many have been bought and sold with out issues yet he’s flagged this up with ours

subcapsular

The road has been used by the gentleman who resides in the property for 30 years since he built it, both vehicular and pedestrian access. This is backed up
by his children and also from his fees paid to the management
Company over this period.

It’s fixed fee of £150 and the management company have provided a letter to state this is not variable and will not increase.

The road is used by 12 houses on the road who use it as a through road onto the main road.

I’ve spoken to
Neighbours who have said the management company are very useful they clear the leaves and grit the road in winter trim hedges and tarmac over any potholes along with holding quarterly resident meetings.

I’m
Not sure what the arrangement with the ‘untraceable’ owner of the road and the management company is it when this was arranged but they have looked after and managed the estate for the last 50 odd years.

They have provided there company house accounts which show a healthy balance

SmashedAvacado

presumably you mean he has had uninterupted use - not interupted

The problem is proving the right of way. I would be asking about indemnity insurance

subcapsular

The vendors have today informed my solicitor that the land/road is unregistered if this makes any difference?

G_M

subcapsular wrote: »

..
I must add the management company don’t actually own the road, it is registered but owner is untraceable as it was once a whole estate

The vendors have today informed my solicitor that the land/road is unregistered if this makes any difference?

so who originally told you it was registered?


Does not make much difference. Someone owns it and it seems either taht person is unknown, or is 'untraceable' (meaning name not known or whereabouts not known?)


I'm surprised your own conveyancer has not already determined whether the road is registered or not, whether you have a ROW or not, and whether the management company has the right to charge you or not.

subcapsular

I asked him to do these checks including a Index map search of the road but his response was this is the vendors solicitors job