Title plan doesn’t include rear driveway

liv_girl · 19 March at 11:14AM

Hi! I am looking into purchasing a property that has rear access via a driveway that backs onto the road behind. My solicitor has advised that there are no rights in the title plan to use this access way. Where can I find out whether this area actually belongs to the property and that I have the right to use it as a driveway and as access to the house? The map on the title plan is outdated and doesn’t reflect the current layout of the streets/properties - on more recent maps the driveway looks like it is part of the property but I can’t find anything to prove this definitively. According to the vendor “it was done about 25 years ago but they don’t have any paperwork”. I have tried contacting the council and the auction house, but have had no response yet. Is there anywhere else I can look to find out or anything else I can do? If I bought the property would I potentially be able to alter/update the title plan? Many thanks x

user1977 · 19 March at 11:19AM

Why isn’t your solicitor helping?

liv_girl · 19 March at 11:23AM

user1977 said:

Why isn’t your solicitor helping?

That’s a very good question! I also thought that was part of their job… but apparently not? They have just highlighted it as an issue and advised me to ask local council / auction house.

user1977 · 19 March at 12:28PM

liv_girl said:

user1977 said:

Why isn’t your solicitor helping?

That’s a very good question! I also thought that was part of their job… but apparently not? They have just highlighted it as an issue and advised me to ask local council / auction house.

Sounds a bit useless. Also bear in mind that one solution might be to get title indemnity insurance - but that wouldn't be valid if you've recently contacted a party who has title, so the most sensible advice might be just to get insurance rather than rattle everybody's cages.