Easement and sale of house

CFrog

My Father has lived in his house for more than 60 years and is about to sell.  Shortly after moving in (about 1964), he had planning permission to build a garage in his garden that was accessed over a Council communal parking / garaging area.  In 1966 the Council granted him an easement for access to the garage for which was he charged the princely sum of £1 per annum.  The Council collected the money for several years but around 2002 they stopped collecting it because it was costing them more to collect (than they were recovering).  My Father does have the Council's letter granting him the easement but nothing to confirm the date they stopped taking the payment (of £1).

There are a number of my Father's neighbours who are in the same position as him (ie they have an easement for access to their private garages / parking areas over the Council land and pay nothing to the Council for the privilege).  This 'arrangement' has continued both for my Father and the neighbours up to the present day with no issues.

In selling his house I was wondering what rights of access will pass to the new owner of the house; does the new owner have (what one neighbour called) 'grandfather access rights' or does the easement pass to the new owner?  I have looked into the matter and seen what is referred to as 'permissive access' rights and wondered if this would apply to the new owner.

I'm obviously concerned that this issue may affect the sale of his house and / or its sale value.

Any views, comments or advice as to what he can do?

Thanks in advance.

Davesnave

It shouldn't affect the sale at all, especially as you have the council document granting the right of access, which has been in place without interruption ever since. It's been the council's choice to stop collecting the fee.

notrouble

Almost certainly the easement relates to the property, not your father, but it's impossible to be sure unless you a) quote the exact wording and b) confirm how /where this wording is recorded.

Buyers (or their mortgage lenders) may be concerned about the debt (unclaimed/unpaid fee). But given that it is a max of £1 x 20 years = £20, any buyer would be nuts to be concerned. Nonetheless some lenders might insist on an indemnity insurance policy (cost £100?) that would pay out if the £20 debt was ever demanded!