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Deeds and Right Of Way

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Good afternoon all,

We have found a property we really like, however we noticed in the pictures online that there seems to be a door connecting the garden to next doors garden. 

At the viewing something had been placed in front of this so it could not be seen. Looking back, the vendor was perhaps covering it up on purpose? I don’t know. 

Anyway, we have emailed to ask the agents about the potential ROW and they said they would contact the vendor to ask. 

I may be way off the ball here, but do the estate agents not have access to the deeds and be able to give us the information themselves? 

If not, if anyone could point me in the right direction of finding this information that would be great. 
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Comments

  • Also. Sorry for all the questions. The couple in there at the moment have not got anywhere lined up yet. If we do have an offer accepted, do we go ahead and apply for a mortgage now? How long does the mortgage offer last? Or do we wait until they have found somewhere also? 
  • Falafels
    Falafels Posts: 665 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    I may be way off the ball here, but do the estate agents not have access to the deeds and be able to give us the information themselves? 

    No, they don't routinely. That's something that's dealt with by your legal team in due course.

    All the EA's can do is ask the vendor. As part of the buying/selling process, the vendor is given a property information form by their solicitor which should include that kind of information for the purchaser. Meanwhile, there's nothing wrong with asking the EA's to find out or, if you've got loads of questions, ask if you can arrange to meet the vendor at the property (once you've made an offer and it's been accepted!) I did this recently with my buyer and it was a very useful meeting. 

    You may find it reassuring to look up how house buying actually works, and who handles what. There are loads of online resources, but the one on this site is as good as any: https://forums.moneysavingexpert.com/discussion/175653/house-buying-moneysaving-tips

    Good luck!


  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can buy the deeds for I think £3 from the land registry. 
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 31 August 2020 at 4:42PM
    I would in any case always buy the Title document and Plan for any property I was considering, right at the start.
    It will tell you about any ROW.
    ps- I and my neighbour have a gate between our garily long front gardens. Saves the postman walking back to the road and up the other front garden, and is convenient from time to time for us.
    Does not signify any formal ROW though.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Do you have an AIP for a mortgage? (And I mean an AIP from a mortgage provider, not a broker's pretend AIP). If not then any offer may not be considered unless the seller's EA can see that you are proceedable.
  • It could be that the neighbours got on and it was convenient for them to have a gate but they accept that once the house is sold the position will change.   When I bought my house 38 years ago the path down the back garden turned left and the paving slabs continued into the next door but one's garden.  My seller and the neighboutr were friends.   It was just conveneient so we could water each other's gardens when one was away.   

    In your case unless the gate makes access to somewhere else apart from the garden are buying easier than otherwise, I can't see why they would want to claim a right of way.   However, as others have said, your solicitors should specifically raise the point.   However you may get to know the neighbours and it may be helpful for you to water each others gardens sometimes or get their washing in when it is pouring rain and they are obviously out. 
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Thank you all for such speedy and great advice as always! 

    I have bought the deeds now, hopefully they come through soon. The house next door is a mid-terraced and I guess that it could be used for them to come through the garden and out of our side access for bins etc. I could be completely wrong but I will see what the deeds/solicitor says further down the road. 

    We do have an AIP with HSBC as well as the ‘pretend’ ones as you put it. I did wonder if the broker ones were actually worth anything. 

    We are very concerned mortgage wise to be honest. We are looking at 90% LTV so not too much available at the moment, albeit not impossible. 
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 31 August 2020 at 5:16PM
    The house next door is a mid-terraced and I guess that it could be used for them to come through the garden and out of our side access for bins etc.
    It's very likely that a ROW exists for this property.
    It would be worth buying the deeds for both properties - the information about a ROW is sometimes only on one.

  • leonj
    leonj Posts: 187 Forumite
    Fifth Anniversary 100 Posts
    Thank you all for such speedy and great advice as always! 

    I have bought the deeds now, hopefully they come through soon. The house next door is a mid-terraced and I guess that it could be used for them to come through the garden and out of our side access for bins etc. I could be completely wrong but I will see what the deeds/solicitor says further down the road. 

    We do have an AIP with HSBC as well as the ‘pretend’ ones as you put it. I did wonder if the broker ones were actually worth anything. 

    We are very concerned mortgage wise to be honest. We are looking at 90% LTV so not too much available at the moment, albeit not impossible. 
    After you have bought them you download the deeds immediately
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    A gate does not necessarily mean there's an established RoW. It may be that neighbours have had kids who were mates, and it was just a way of them playing together more easily.
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