Accessway land ownership question

hypochondriac

Evening all. I am in the process of selling my house. Everything is progressing well apart from the buyers solicitors are asking me who owns the accessway at the rear of my property as it shows a right of access on the deeds. I didn't even realise anything about this so I went and had a look round the back of my property. There is theoretically access around the back but it has long since been inaccessible. There are fallen down fence panels from houses blocking the path and the deeds show that the accessway went all the way along the road but this is now impossible as a local school has built their playing fields over what used to be the accessway. This means it is effectively a dead end because even if you managed to claw your way over the broken fence panels and mud it doesn't actually lead you to anywhere. The deeds are from the 1970s and my neighbours have told me that the non existent accessway has been like that since they moved in in the 1980s. 

My questions are these: 
1) How do I respond to the solicitors? I don't currently know who owns the land and a brief search suggests that no one else does either. 
2) Should this affect the sale of the house? As far as I can see it has been an inaccessible accessway for the past 40 years at least and with the school playing fields that are two houses down from me it is now a dead end but I suppose theoretically someone could demand the right of access. 

Many thanks for any assistance, I really do not have a lot of experience in this area and my solicitor has not been overly helpful. 

davidmcn

You tell them what you've told us i.e. you don't know who owns it and you don't use it anyway. I wouldn't fret about it, just because they've asked the question doesn't mean it's a dealbreaker or remotely important to their clients.

greatcrested

Your buyers almost certainly did not notice the 'access way' at the rear when they viewed, and probably, like you, are not bothered about it.

Their solicitor, reviewing the legal documents (but never having seen either the house or the accessway), has come upon this Right of Way and is therefore enquiring about it. That's what solicitors do when they see legal rights or obligations associated with a property!

hypochondriac said:

....... the buyers solicitors are asking me who owns the accessway at the rear of my property as it shows a right of access on the deeds......
My questions are these: 
1) How do I respond to the solicitors? I don't currently know who owns the land and a brief search suggests that no one else does either. 
2) Should this affect the sale of the house?

1) "I do not know who owns the accessway."

2) Only if your buyers were aware of the accessway, intend to use it, and it is a fundamental requirement for them.

Jaynorth_2

I am facing a similar issue with my house sale but in my case, I am in an end of terrace house so the accessway is just a narrow path that runs beside my house and then branches when it reaches the wall at the end of my garden and extends behind other houses on my street.

My buyers solicitors are also claiming that my buyers could be prevented from accessing the property in the future because of the lack of easements and access rights in the title of my property, and that they will even not be able to sell my property in future because it will be impossible to obtain a mortgage! All of which I find totally ridiculous seeing as my property is currently mortgaged and was mortgaged by the previous owners, and the thought of someone stopping them from taking the 10 second or less walk down the narrow path from the garden gate to the pavement is farcical!  I have pointed out that the access via the garden gate is actually a benefit and not a necessity as the main and official access point to the property is through the front door.

The buyers solicitors have already suggested and drawn up the paperwork for some indemnity insurance which they say can cover this risk for the buyers so you may be able to go down this route if you want but the insurance is around £250 and I have already said that I am not paying for it so will have to wait and see what happens. Hopefully common sense will prevail.

Davesnave

Jaynorth_2 said:

I am facing a similar issue with my house sale but in my case, I am in an end of terrace house so the accessway is just a narrow path that runs beside my house and then branches when it reaches the wall at the end of my garden and extends behind other houses on my street.

My buyers solicitors are also claiming that my buyers could be prevented from accessing the property in the future because of the lack of easements and access rights in the title of my property, and that they will even not be able to sell my property in future because it will be impossible to obtain a mortgage! All of which I find totally ridiculous seeing as my property is currently mortgaged and was mortgaged by the previous owners, and the thought of someone stopping them from taking the 10 second or less walk down the narrow path from the garden gate to the pavement is farcical!  I have pointed out that the access via the garden gate is actually a benefit and not a necessity as the main and official access point to the property is through the front door.

The buyers solicitors have already suggested and drawn up the paperwork for some indemnity insurance which they say can cover this risk for the buyers so you may be able to go down this route if you want but the insurance is around £250 and I have already said that I am not paying for it so will have to wait and see what happens. Hopefully common sense will prevail.

In your case, it appears the rear access exists, the buyer has seen it and they may have assumed the right to use it forms part of your title. Their solicitor is correct in questioning the lack of a right of way and suggesting you pay for indemnity insurance to cover the legal cost of any challenge to what is probably just a permissive right.

You are failing to acknowledge responsibility for a weakness in your property's title. While your bullish attitude may result in a saving of £250, in my opinion, your attitude is wrong.

Saying that having rear access is a benefit, not a necessity, shows how far apart we are. I wouldn't look at a property that didn't have access to the garden, other than through the house. Let's hope your purchaser isn't like me!.

Jaynorth_2

Davesnave said:

Jaynorth_2 said:

I am facing a similar issue with my house sale but in my case, I am in an end of terrace house so the accessway is just a narrow path that runs beside my house and then branches when it reaches the wall at the end of my garden and extends behind other houses on my street.

My buyers solicitors are also claiming that my buyers could be prevented from accessing the property in the future because of the lack of easements and access rights in the title of my property, and that they will even not be able to sell my property in future because it will be impossible to obtain a mortgage! All of which I find totally ridiculous seeing as my property is currently mortgaged and was mortgaged by the previous owners, and the thought of someone stopping them from taking the 10 second or less walk down the narrow path from the garden gate to the pavement is farcical!  I have pointed out that the access via the garden gate is actually a benefit and not a necessity as the main and official access point to the property is through the front door.

The buyers solicitors have already suggested and drawn up the paperwork for some indemnity insurance which they say can cover this risk for the buyers so you may be able to go down this route if you want but the insurance is around £250 and I have already said that I am not paying for it so will have to wait and see what happens. Hopefully common sense will prevail.

In your case, it appears the rear access exists, the buyer has seen it and they may have assumed the right to use it forms part of your title. Their solicitor is correct in questioning the lack of a right of way and suggesting you pay for indemnity insurance to cover the legal cost of any challenge to what is probably just a permissive right.

You are failing to acknowledge responsibility for a weakness in your property's title. While your bullish attitude may result in a saving of £250, in my opinion, your attitude is wrong.

Saying that having rear access is a benefit, not a necessity, shows how far apart we are. I wouldn't look at a property that didn't have access to the garden, other than through the house. Let's hope your purchaser isn't like me!.

Well if they did make the assumption of legal access rights then they were wrong because we never advertised this fact while marketing the property, but this is why I said hopefully common sense will prevail because who is going to stop them from using the path? The part that runs beside my property also runs beside my neighbour's property and he doesn't own it and it is too narrow for anybody to build anything over it, and you cannot block it because it runs behind neighbouring properties on the street so if it were blocked you would be stopping half the street from using it.

The bottom line is that if a buyer wants to be difficult they will be difficult and when they are ready to take a common sense approach during the conveyancing process they will.

davidmcn

Davesnave said:

Jaynorth_2 said:

I am facing a similar issue with my house sale but in my case, I am in an end of terrace house so the accessway is just a narrow path that runs beside my house and then branches when it reaches the wall at the end of my garden and extends behind other houses on my street.

My buyers solicitors are also claiming that my buyers could be prevented from accessing the property in the future because of the lack of easements and access rights in the title of my property, and that they will even not be able to sell my property in future because it will be impossible to obtain a mortgage! All of which I find totally ridiculous seeing as my property is currently mortgaged and was mortgaged by the previous owners, and the thought of someone stopping them from taking the 10 second or less walk down the narrow path from the garden gate to the pavement is farcical!  I have pointed out that the access via the garden gate is actually a benefit and not a necessity as the main and official access point to the property is through the front door.

The buyers solicitors have already suggested and drawn up the paperwork for some indemnity insurance which they say can cover this risk for the buyers so you may be able to go down this route if you want but the insurance is around £250 and I have already said that I am not paying for it so will have to wait and see what happens. Hopefully common sense will prevail.

Saying that having rear access is a benefit, not a necessity, shows how far apart we are. I wouldn't look at a property that didn't have access to the garden, other than through the house.

But that is just your personal preference, no different from "I wouldn't buy a flat / on a main road / in a small village / older then 30 years old" etc. It's hardly uncommon for gardens to be accessible (both in practice and legally) only via the house and does not make a property unmarketable (I could point you at million-pound townhouses built like that in the 19th century) .

teachfast

We had the same when we sold and I just said I have no idea and have never had anything to do with it. Never cropped up again. 

Davesnave

davidmcn said:

Davesnave said:

Jaynorth_2 said:

I am facing a similar issue with my house sale but in my case, I am in an end of terrace house so the accessway is just a narrow path that runs beside my house and then branches when it reaches the wall at the end of my garden and extends behind other houses on my street.

My buyers solicitors are also claiming that my buyers could be prevented from accessing the property in the future because of the lack of easements and access rights in the title of my property, and that they will even not be able to sell my property in future because it will be impossible to obtain a mortgage! All of which I find totally ridiculous seeing as my property is currently mortgaged and was mortgaged by the previous owners, and the thought of someone stopping them from taking the 10 second or less walk down the narrow path from the garden gate to the pavement is farcical!  I have pointed out that the access via the garden gate is actually a benefit and not a necessity as the main and official access point to the property is through the front door.

The buyers solicitors have already suggested and drawn up the paperwork for some indemnity insurance which they say can cover this risk for the buyers so you may be able to go down this route if you want but the insurance is around £250 and I have already said that I am not paying for it so will have to wait and see what happens. Hopefully common sense will prevail.

Saying that having rear access is a benefit, not a necessity, shows how far apart we are. I wouldn't look at a property that didn't have access to the garden, other than through the house.

But that is just your personal preference, no different from "I wouldn't buy a flat / on a main road / in a small village / older then 30 years old" etc. It's hardly uncommon for gardens to be accessible (both in practice and legally) only via the house and does not make a property unmarketable (I could point you at million-pound townhouses built like that in the 19th century) .

Absolutely, but I was talking about this buyer and myself only, not the whole of the human race. I was also commenting before the poster drip-fed important further information. Nowhere did I say or imply the property was unmarketable.

davidmcn

Davesnave said:

davidmcn said:

Davesnave said:

Jaynorth_2 said:

I am facing a similar issue with my house sale but in my case, I am in an end of terrace house so the accessway is just a narrow path that runs beside my house and then branches when it reaches the wall at the end of my garden and extends behind other houses on my street.

My buyers solicitors are also claiming that my buyers could be prevented from accessing the property in the future because of the lack of easements and access rights in the title of my property, and that they will even not be able to sell my property in future because it will be impossible to obtain a mortgage! All of which I find totally ridiculous seeing as my property is currently mortgaged and was mortgaged by the previous owners, and the thought of someone stopping them from taking the 10 second or less walk down the narrow path from the garden gate to the pavement is farcical!  I have pointed out that the access via the garden gate is actually a benefit and not a necessity as the main and official access point to the property is through the front door.

The buyers solicitors have already suggested and drawn up the paperwork for some indemnity insurance which they say can cover this risk for the buyers so you may be able to go down this route if you want but the insurance is around £250 and I have already said that I am not paying for it so will have to wait and see what happens. Hopefully common sense will prevail.

Saying that having rear access is a benefit, not a necessity, shows how far apart we are. I wouldn't look at a property that didn't have access to the garden, other than through the house.

But that is just your personal preference, no different from "I wouldn't buy a flat / on a main road / in a small village / older then 30 years old" etc. It's hardly uncommon for gardens to be accessible (both in practice and legally) only via the house and does not make a property unmarketable (I could point you at million-pound townhouses built like that in the 19th century) .

Absolutely, but I was talking about this buyer and myself only, not the whole of the human race. I was also commenting before the poster drip-fed important further information. Nowhere did I say or imply the property was unmarketable.

But apparently this buyer is arguing that it's unmarketable.

greatcrested

Like Dave, I too would not buy a property with no rear or side access. Push/carry my bike through the house every time? No thanks!

Yes, of course, many people will not be put off by this, but some will so the 'pool' of potential buyers is reduced.