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Enquiries from solicitors

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Just when we thought they had no more questions… 
we don’t really understand this and have asked for clarification but get better and quicker answers here, (thank you everyone). Question below: 
Please provide rights over the rear of the property

its an Edwardian mid terrace with a private garden and has a service road to the rear that can be used to access parking at bottom of garden or garden from the rear. 

We don’t really understand what they want us to provide? We don’t have paperwork to support this. 

Has anyone had this question? 

Thanks

Z
«1

Comments

  • user1977
    user1977 Posts: 17,841 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    "Please provide rights over the rear of the property" doesn't make sense - is that your typo or theirs?
  • zoemk12
    zoemk12 Posts: 165 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    user1977 said:
    "Please provide rights over the rear of the property" doesn't make sense - is that your typo or theirs?
    It’s cut and paste directly from the email! Glad it’s not just us. 
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    'Please provide rights over the rear of the property' is  a sloppy  request for you or your  solicitor to demonstrate you have a legal right of way over the service road.
    If you don't have anything in your title to show, then you must answer accordingly, adding that the access has been used for more than 20 years without challenge or hindrance, assuming that's also the case
  • zoemk12
    zoemk12 Posts: 165 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Davesnave said:
    'Please provide rights over the rear of the property' is  a sloppy  request for you or your  solicitor to demonstrate you have a legal right of way over the service road.
    If you don't have anything in your title to show, then you must answer accordingly, adding that the access has been used for more than 20 years without challenge or hindrance, assuming that's also the case
    Ah right that makes sense. It’s is sloppy isn’t it! 

    We’ve been here 12 years with no issue and will assume the previous owners didn’t either. 

    Thank you so much. 
  • Be sure to tell the EA to tell your buyers that you have used that road for 12 years unchallenged. Usually its the solicitor satisfying a process however if your buyers understand its not a problem they will tell their solicitors to crack on.
  • JJR45
    JJR45 Posts: 384 Forumite
    100 Posts Second Anniversary Name Dropper
    From experience.
    Enquires from solicitor = Possibility of selling an indemnity policy.
  • zoemk12
    zoemk12 Posts: 165 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    JJR45 said:
    From experience.
    Enquires from solicitor = Possibility of selling an indemnity policy.
    And who would have to pay for that? 
  • JJR45
    JJR45 Posts: 384 Forumite
    100 Posts Second Anniversary Name Dropper
    zoemk12 said:
    JJR45 said:
    From experience.
    Enquires from solicitor = Possibility of selling an indemnity policy.
    And who would have to pay for that? 
    If the question is from the buyers solicitor, usually the seller. Unless the buyer is feeling charitable. 
    The good thing is they are relatively inexpensive and can cover most issues that can't be answered.
  • ss2020jd
    ss2020jd Posts: 652 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 25 June 2021 at 10:30PM
    It could be mentioned in the title (which your solicitor would request) but you can also download copy from the land registry website for £3 if you want to double check quickly. Your solicitor should be able to answer this from that information.
    But as others have said, if it’s not recorded there and it had been used without issue for that long, the buyers can take their own view. 

  • zoemk12
    zoemk12 Posts: 165 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    ss2020jd said:
    It could be mentioned in the title (which your solicitor would request) but you can also download copy from the land registry website for £3 if you want to double check quickly. Your solicitor should be able to answer this from that information.
    But as others have said, if it’s not recorded there and it had been used without issue for that long, the buyers can take their own view. 

    Would I buy the title register or title plan please? 
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