Who maintains a private lane

babyblade41

Davesnave wrote: »

It's achieved when the track has been used without legal challenge for 20 years, probably because he was given permission.

You obviously didn't think I was serious suggesting you buy a vehicle suited to your situation, but it might be sensible, given the situation.

It looks like neither you or your solicitor looked carefully enough at the responsibilities detailed in your title documents, to work out whether they were equitably shared and how that sharing might be enforced.

It amazes me how some solicitors and buyers don't accurately go through everything for their client or expensive purchase ... half the time I think it's the fault of conveyance companies than good old fashioned high street solicitors
Only when a problem comes up then no one knows who has/maintains/ROW when it's too late

angels671

Your correct, the solicitor we used did not mention anything regarding the maintenance of the track, there wasn't a problem until they started running their business from here, it was lovely and quiet, So we have decided to sell and get out of it, but nobody wants to live next door to a business...! and the viewers are concerned about the many pot holes, Council got a lot to answer for, they don't give a damn.

middleclassbutpoor

angels671 wrote: »

Your correct, the solicitor we used did not mention anything regarding the maintenance of the track, there wasn't a problem until they started running their business from here, it was lovely and quiet, So we have decided to sell and get out of it, but nobody wants to live next door to a business...! and the viewers are concerned about the many pot holes, Council got a lot to answer for, they don't give a damn.

Why would they give a damn when they can't even fix potholes on the roads they are actually responsible for.

Have you tried getting a quote for getting the road properly sorted upto where you need to drive?

AdrianC

angels671 wrote: »

Council got a lot to answer for, they don't give a damn.

Of course they don't. It's nothing to do with them. It's unadopted.

xylophone

Did you make no objections to the granting of planning permission for the business?

Davesnave

babyblade41 wrote: »

It amazes me how some solicitors and buyers don't accurately go through everything ...

It's trickier with some country property, and of course the solicitor cannot see changes on the ground that may have occurred, or situations like an unrecorded prescriptive easement.

xylophone

It's trickier with some country property, and of course the solicitor cannot see changes on the ground that may have occurred, or situations like an unrecorded prescriptive easement.

The solicitor should still have pointed out that the OP would be solely responsible for the maintenance of a lane that he did not own and access to which he could not control?

angels671

Council gave them permission to run business from here, 8 am to 8 pm....Storage only though, and yes we objected to the planning, however 1 big community here and we are outsiders...so we have no chance...Council does not see the bigger picture and the problems that it has caused..

Davesnave

xylophone wrote: »

The solicitor should still have pointed out that the OP would be solely responsible for the maintenance of a lane that he did not own and access to which he could not control?

Yes, I'm not denying that, but there are other situations where an easement might exist and it's not recorded or disclosed.

We have one for a neighbour's septic tank drainage field. No visible evidence at the time of viewing, but agreed way back in the 1990s with a handshake (and probably a palm crossed with silver!) It's not much of a problem, being 225m from our house, and in the fullness of time it will go because it's unacceptably close to a waterway.

The owners don't know that yet....

Davesnave

angels671 wrote: »

Council gave them permission to run business from here, 8 am to 8 pm....Storage only though, and yes we objected to the planning, however 1 big community here and we are outsiders...so we have no chance...Council does not see the bigger picture and the problems that it has caused..

A neighbouring barn has permission for storage or animals.


When the (local) owner, who uses it for storage, began some very small scale manufacture of traditional cob blocks, a neighbour complained to the council and succeeded in having that side of the business closed down.This was despite another neighbour and myself writing in support of the new venture.


You don't know that you 'have no chance' unless you look into the matter.