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Landlocked House!
Leeds8888
Posts: 16 Forumite
Please help!
My partner and I are due to exchange on our first house this Wednesday coming!
It is a house in a row of five terraces with front access to all houses via a road entering onto the land of number 1 and then on to 2 (ours), 3, 4 and 5. There is also a rear access lane which seems to be unadopted.
The title register for number 1 speaks of it's right to use both roads as well as the right of the 4 other houses to use it also. This right is also present on the title register for 4 and 5 but does not appear in the root of title for ours!
Our house is unregistered and we are hoping that since our right is expressed in the title register of the servient land and others that land registry will agree to add the ROW to our title. If not...are we not landlocked? Should we pull out?
Help!!
My partner and I are due to exchange on our first house this Wednesday coming!
It is a house in a row of five terraces with front access to all houses via a road entering onto the land of number 1 and then on to 2 (ours), 3, 4 and 5. There is also a rear access lane which seems to be unadopted.
The title register for number 1 speaks of it's right to use both roads as well as the right of the 4 other houses to use it also. This right is also present on the title register for 4 and 5 but does not appear in the root of title for ours!
Our house is unregistered and we are hoping that since our right is expressed in the title register of the servient land and others that land registry will agree to add the ROW to our title. If not...are we not landlocked? Should we pull out?
Help!!
0
Comments
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|How can you pull out (without large cost and pain)( if you have exchanged and are awaiting completion?
Isn't this a question for your solicitor?0 -
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Why do you think you're "due to complete" if there's a fundamental problem with the title which hasn't been resolved?
Are you doing your own conveyancing? If not, what does your solicitor say?0 -
if your house is unregistered you will need to either have an absolute title or Possessionary title if it the later you won't be able to get a mortgage if its absolute title you will have an indemnity policy to cover the lack of protection that the original title would have offered.0
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We haven't exchanged yet! Sorry, haven't done this before! Mortgage offer runs out Wednesday coming and the solicitor has posted the documents out yesterday for us to sign with a view to exchanging next week!0
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Is a situation with an indemnity policy desirable in terms of resale value?
Does anyone know how likely land registry are to add number 1s title (which talks about our right of way over them) onto our title?0 -
You don't need to pull out at the moment but you do need your solicitor to clarify the situation and exactly what it means before you sign anything.All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
It's unlikely the land registry will make unilateral changes to title deeds, even if they are unbalanced.
To do amend the deeds you would probably need the written consent of the other title holders and this could take a while.
An indemnity might be available and solve your problem in the short term.Changing the world, one sarcastic comment at a time.0 -
The solicitor called me yesterday and said, "We think we can get the title to a marketable level."lincroft1710 wrote: »This is most definitely a question for your solicitor
He has also said that they will submit number 1s title register to land registry and ask them to include the right of way mentioned there on our title. He said he can't guarantee they will do that.
The trouble is we don't know how likely it is that they will do this. Our solicitor has just said LR take everything on a case by case basis and couldn't possibly comment. Should our solicitor not be able to take a more definite judgement on this, having seen all the facts?0
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