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Small strip of land in front garden causing a nightmare

Wonder if anybody has some advice please? 

We sold our house in March and going through the nightmare process of conveyancing! We are hopefully nearly at the end but, have one final enquiry to resolve. 

To cut a very long story short our solicitors are useless and I question how good theirs is too. 

The final enquiry is about a small
strip of land that has been bought by our local council at some point in the past. This is between our front garden and the road. The block of four terrace all have this same arrangement with each strip in front of each house having its own boundary / title number. The deed for this strip clearly says we have full right of way over it (you couldn’t get into the house if not!). 

Our solicitor has advised us we will need to get the local authority to agree to sell us this piece of land before we can proceed. I don’t see how this is the case when it’s been like this since 1948 so surely the house has been sold numerous times since this date but, this has never been a problem. Number 33 was sold about 2 years ago and gain that has the same arrangement. 

I believe the buyers solicitor are also making enquiries and haven’t asked for anything to be done yet but, wondering if anybody else has had this same issue and how they overcame it. 

Thank you for your help and sticking with the long post! 
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  • elsien
    elsien Posts: 32,522
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    edited 3 August 2022 at 8:04AM
    Has your solicitor explained why they think it’s necessary? Can’t see how it’s any different to walking across a pavement to get to a front door. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Doozergirl
    Doozergirl Posts: 33,779
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    If you have full right of way then there's
    no need. 

    Even if you don't, there are indemnity policies that you might be able to purchase or you can establish a right of way through years of use, which is what the previous owners of our old house did in 1978. We had no issues buying or selling and I know our solicitors are good.  

    Doesn't make sense to me.  Can you escalate this? 
    Everything that is supposed to be in heaven is already here on earth.
  • user1977
    user1977 Posts: 13,679
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    What's on the ground? Are you certain it's within your garden rather than e.g. now a bit of widened pavement?
  • in_my_wellies
    in_my_wellies Posts: 1,643
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    The council just auctioned off all the grass verges on the 1950s estate where my aunt lives. We wondered why on Earth anyone would want to buy this land but I suppose given the OPs situation the new owner has bought so he can start to sell off the individual strips in front of houses or charge to drive over them - could they start to charge after 60 years?
    Love living in a village in the country side
  • Section62
    Section62 Posts: 7,649
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    ...The deed for this strip clearly says we have full right of way over it (you couldn’t get into the house if not!). 

    Our solicitor has advised us we will need to get the local authority to agree to sell us this piece of land before we can proceed. I don’t see how this is the case when it’s been like this since 1948 so surely the house has been sold numerous times since this date but, this has never been a problem.

    If you clearly have RoW over the land, then why does your solicitor think it is a problem?

    It is relatively common for councils (as highway authorities) to buy strips of frontage to carry out road improvement works (which don't always happen).  If you have the right to cross the land and that right is transferrable to your buyers then it really isn't clear why your solicitor should be concerned.

    In fact, if the land has become highway, you would have a legal right to cross the land regardless of what it says in your own deeds.  And to be able to buy the land (back) from the council would require them to first make a 'stopping up' order to remove the highway status.  This would likely take months to sort out.

    Is the buyer pulling a fast one because they want a larger front garden and want you to do all the hard work to get it?

    Also, I see there is also a narrow sliver of land included in your plot at the rear on what appears to be a service/access road.  What's the story about this bit?  Is it possible there's some confusion over the strips at the front and the rear?
  • Bettybaker
    Bettybaker Posts: 10
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    elsien said:
    Has your solicitor explained why they think it’s necessary? Can’t see how it’s any different to walking across a pavement to get to a front door. 
    Hi there, thanks for replying. Nobody can really tell me why they think it is necessary. I’m not even sure if the fence has already been moved so the pavement is wider than it used to be! Nightmare solicitors 
  • Bettybaker
    Bettybaker Posts: 10
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    If you have full right of way then there's
    no need. 

    Even if you don't, there are indemnity policies that you might be able to purchase or you can establish a right of way through years of use, which is what the previous owners of our old house did in 1978. We had no issues buying or selling and I know our solicitors are good.  

    Doesn't make sense to me.  Can you escalate this? 
    Think I’m going to have to. It could even be that at some ping the pavement has been widen and the fence moved to reflect this. That was obviously way before we bought it. Thanks 
  • Bettybaker
    Bettybaker Posts: 10
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    user1977 said:
    What's on the ground? Are you certain it's within your garden rather than e.g. now a bit of widened pavement?
    I have no idea if it’s in my boundary or at some point the fence for all 4 properties has been moved and pavement widened. It is a reasonably large pavement so it may have already been done. Than k you for your help - it’s a nightmare! 
  • Bettybaker
    Bettybaker Posts: 10
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    The council just auctioned off all the grass verges on the 1950s estate where my aunt lives. We wondered why on Earth anyone would want to buy this land but I suppose given the OPs situation the new owner has bought so he can start to sell off the individual strips in front of houses or charge to drive over them - could they start to charge after 60 years?
    This land is either part of my tiny bit of front garden (no drive) or already part of the pavement on a reasonably busy B road. I have no idea why they bought it but, surely the row would stop anything being enforced. Thank you 
  • Bettybaker
    Bettybaker Posts: 10
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    Section62 said:


    ...The deed for this strip clearly says we have full right of way over it (you couldn’t get into the house if not!). 

    Our solicitor has advised us we will need to get the local authority to agree to sell us this piece of land before we can proceed. I don’t see how this is the case when it’s been like this since 1948 so surely the house has been sold numerous times since this date but, this has never been a problem.

    If you clearly have RoW over the land, then why does your solicitor think it is a problem?

    It is relatively common for councils (as highway authorities) to buy strips of frontage to carry out road improvement works (which don't always happen).  If you have the right to cross the land and that right is transferrable to your buyers then it really isn't clear why your solicitor should be concerned.

    In fact, if the land has become highway, you would have a legal right to cross the land regardless of what it says in your own deeds.  And to be able to buy the land (back) from the council would require them to first make a 'stopping up' order to remove the highway status.  This would likely take months to sort out.

    Is the buyer pulling a fast one because they want a larger front garden and want you to do all the hard work to get it?

    Also, I see there is also a narrow sliver of land included in your plot at the rear on what appears to be a service/access road.  What's the story about this bit?  Is it possible there's some confusion over the strips at the front and the rear?
    This is really useful - thank you. 

    This land is either part of my tiny bit of front garden (no drive) or already part of the pavement on a reasonably busy B road.

    That’s a good point about the back part - that is included in our title but, again as far as I can see has a row to give access across that land for our neighbours to travel down the back alley (it’s completely overgrown and unused but, I can see why they would need the row to be cleared). 

    I’ve asked our solicitor to try and find out exactly what they are querying. 

    I’m glad to hear this is a reasonably common set up and maybe our solicitor has the wrong end of the stick with it. 

    Really appreciate your help 
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