Right of use?

V46R

Hi all, 
I am in the process of purchasing a semi- detached property which has an outside toilet. I was informed by the estate agent that " The owner and a salon one door down have an agreement where the salon's customers can use the toilet". This didn't bother me as I would be the new owner  putting an end to this and would be removing the toilet. I raised this with my solicitor who told me that the deeds to the house showed no right of use to the salon therefore there was no legal right in favour of the salon. 

I have seen documents from the seller stating that the salon has use of the toilet and that their solicitor is fully aware of this. My gut instinct is that the seller and and salon owner are good friends and this is where this "agreement" has come from. The seller rented out the property previously, so the tenant had no say in the toilet's use.

My solicitor queried the seller's solicitors statement of "salon has use to the toilet" and asked for proof as the title deeds had no mention. I received an email from my solicitor stating " the seller's solicitor has advised that the right of way is in the adjacent properties deeds" (my toilet yet neighbour has it in their deeds, surely that isn't right?). My solicitor is awaiting proof of this, but I couldn't wait so I went onto the land registry to find the relevant records. There is no mention of this access in either the salon's deeds or my neighbours. Clearly the seller's solicitor is trying his luck to keep the salon owner and seller happy? 

I was told it may be an historic agreement and i'd have to dispute it, surely with a new owner and no proof of this agreement i have every right to contest this and remove the toilet? if not would I have to pay bills and for any maintenance? I just needed to vent and get some helpful advice has anyone ever had to dispute land and  access rights? What do you think my outcome will be?

Thanks 

lincroft1710

Your solicitor is the best person to advise you, and remember they are working for you, not your vendor or the salon owner. It is doubtful if anyone posting on this forum will have had an identical scenario. Shared toilets are common in commercial properties but the usage rights are usually well documented.

BobQ

I agree with lincroft
But you might ask what the alleged agreement says re maintainence and cleaning. 

Mickey666

The OP could make their offer to buy conditional on any such agreement being nullified and let the two solicitors sort it out.  That would surely flush out whether the 'agreement' has any legal standing in perpetuity, which I guess is the real concern.

NameUnavailable

Mickey666 said:

The OP could make their offer to buy conditional on any such agreement being nullified and let the two solicitors sort it out.  That would surely flush out whether the 'agreement' has any legal standing in perpetuity, which I guess is the real concern.

LOL.

It sounds very odd to me. What if you were to remove the toilet? It's your home, so presumably there's nothing to say you can't remove it? Your solicitor can surely get the definitive answer for you.

For such an arrangement to exist perhaps the salon gave your vendor free haircuts or whatever. Their convenience may not be yours. If there are ongoing doubts maybe it's down the pan for this sale?

Mojisola

V46R said:

Hi all, 
I am in the process of purchasing a semi- detached property which has an outside toilet. I was informed by the estate agent that " The owner and a salon one door down have an agreement where the salon's customers can use the toilet". I raised this with my solicitor who told me that the deeds to the house showed no right of use to the salon therefore there was no legal right in favour of the salon. 
I received an email from my solicitor stating "the seller's solicitor has advised that the right of way is in the adjacent properties deeds"

It isn't that unusual for rights of way only to be mentioned in the dominant tenant's deeds. 

Have you/your solicitor checked the deeds of the other property?

getmore4less

Would also have a good look at the planning for the salon

V46R

I have downloaded both the next door neighbour's and the salons title deeds, neither properties have mention of a right of use to the toilet, the neighbour has access to the garden and vice versa, but that is all. The salon has no back door access to our gardens, they would literally come out of the front, past my neighbours house, through my front gate and through the side gate toward the back garden. It seems more like an agreement between two friends to use the toilet in exchange for cheap cuts. 

blue_max_3

Just remove the door and have a security camera fixed on it. I have a feeling there won't be many takers.
I'd suggest they use the salon owners toilet in future.

UnderOffer

Is it worth asking the vendor, via their EA, what they believe the agreement is with the Salon, ie did the vendor themselves get approached directly by salon and agree or did the vendor buy the house and was told by previous seller that this arrangement was in place and they therefore continued? This might speed up and enable you to get a clearer picture. You can mention that the deeds do not state anything. 

V46R

The vendor has written in all her documentation regarding the sale " Salon has use to toilet, solicitor is aware" The EA is also the letting agent for the owner, an has said there was an "historic agreement". The current owner purchased the house in 2017. When you go to Google street view, you can see the toilet and into the back garden from a certain angle the street view image says it was captured in 2015. However, since then there has been a second garden gate and fence installed to separate the garden from the toilet, allowing privacy this is seen in the listing photos and the gate/ fence look new.  The images for the listing show an empty house, I believe these to be the same images from when the house was up for rent and the EA have reused them. From the dates on Google and the date of the owner purchasing the house, I assume they agreed to this use and had the fence and gate installed prior to any tenants entering.