Conveyancing and access to the public highway

WIAWSNB

NordicNoir said:

user1977 said:

MichelleUK said:

user1977 said:

Indemnity insurance policies generally cover all future owners and mortgage lenders.

That is interesting! Would an indemnity insurance work in the green roads example too?

Probably, but depends on the remaining circumstances you are drip-feeding to us...

I really apologise, that was not my intention, it is just a really odd situation.

My original question has in fact been answered here, I was just going off at a tangent myself 😊 

It's still interesting, tho' :-)

Could you explain what you mean by the 'green road not existing'?

If, say, it 'doesn't exist' on the ground because it's been built over by other properties, then the Indemnity policy is highly unlikely to cover their purchase and destruction. At least not unless their respective values are considerably different.

If there is simply no solution to the access problem, either by vehicle or foot, then the policy would presumably pay out to the value of the stranded house as it would be unaccessible. I guess it would still have some value, but only to the surrounding owners who can gain access?

If pedestrian access were possible, then I expect they'd pay out a commensurate amount for that situation - many properties require you to park-and-walk.

But they'd presumably also try and negotiate access via an alternative method up to that max value? Eg, another property might be willing to sell part of their garden.

That's my understanding of such policies. 

Q - who would investigate such alternative solutions? The Indemnity co?

Anyhoo, stop teasing - what do you mean by this green road? :-)

NordicNoir

WIAWSNB said:

Anyhoo, stop teasing - what do you mean by this green road? :-)

Nothing exciting - the plan showing the property that was purchased showed several roads. The transfer stated that you had the right to use the  road coloured green on the plan (and also pay towards its upkeep). No road was coloured green (an error by the developer) effectively meaning that you do not have any express right to use the road to get to the property.

KittenChops

NordicNoir said:

A quick question for anyone with a conveyancing background….

When buying a house that can only be accessed by crossing private land to get to the public highway, is it standard practice that the conveyancer will require that an easement is shown in the original transfer documentation (TP1), or other legal document? As in, it is not just ‘nice to have’ but 100% crucial?

Thanks for any help!

When we bought our house nearly 3 years, one of the documents we received as part of the conveyancing was a "copy of deed rectification".  When the council sold it to the then tenant (?), they retained a strip of land between the front boundaries (several houses) & the road - but it appears from this deed that they neglected to give the new owners a right of way over that strip.
From the wording, it looks as though the house subsequently changed hands a few times before the error/omission was noticed in 1995 (date of the deed).

Part of it says (my bolding):
In clause 1 of the principal conveyance there shall be added after the words "...together with the right for the purchasers & their successors in title and other the owners or occupiers for the time being of the property hereby conveyed in common with the vendors and all other persons lawfully entitled thereto..." the words "...to pass & repass with or without vehicles over the accessway coloured blue on the said plan and..." 

Those words in bold are what you would be looking for on one of the documents to ensure your access

WIAWSNB

NordicNoir said:

WIAWSNB said:

Anyhoo, stop teasing - what do you mean by this green road? :-)

Nothing exciting - the plan showing the property that was purchased showed several roads. The transfer stated that you had the right to use the  road coloured green on the plan (and also pay towards its upkeep). No road was coloured green (an error by the developer) effectively meaning that you do not have any express right to use the road to get to the property.

That surely is quite exciting? Is it possible to figure out which road is referred to? Are there any other similar properties which also require this sort of access, and which might have the 'green' road shown?
And, do you have a green crayon...? 

Section62

WIAWSNB said:

NordicNoir said:

WIAWSNB said:

Anyhoo, stop teasing - what do you mean by this green road? :-)

Nothing exciting - the plan showing the property that was purchased showed several roads. The transfer stated that you had the right to use the  road coloured green on the plan (and also pay towards its upkeep). No road was coloured green (an error by the developer) effectively meaning that you do not have any express right to use the road to get to the property.

That surely is quite exciting? Is it possible to figure out which road is referred to? Are there any other similar properties which also require this sort of access, and which might have the 'green' road shown?
And, do you have a green crayon...? 

See here...

https://forums.moneysavingexpert.com/discussion/comment/81587466/#Comment_81587466

And sadly use of a green crayon won't change the official record.