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Prescriptive easement over unregistered land
GoingGrey21
Posts: 1 Newbie
We are in the process of buying a house which is on a private road that is classified as a public footpath. The sellers weren’t able to get an indemnity policy to satisfy our solicitor so the seller’s had to apply for a prescriptive easement. (They have over 30 years evidence of use)
The sellers solicitor however, forgot to add the right to park to the application (this was requested by our solicitor) and also omitted a tiny strip of land in front of the house (about a car width in size) Our solicitor wasn’t satisfied with this easement so the seller’s solicitor put in an application for the strip in front for right of access for vehicles and to park.
It appears that this strip of land is unregistered and as no landowner is known it was noted on the title register differently from the 1st prescriptive easement. It says instead that there is a claim of access and to park and the evidence is supported by xyz. Then says the right claimed is not included in this registration.
The sellers solicitor however, forgot to add the right to park to the application (this was requested by our solicitor) and also omitted a tiny strip of land in front of the house (about a car width in size) Our solicitor wasn’t satisfied with this easement so the seller’s solicitor put in an application for the strip in front for right of access for vehicles and to park.
It appears that this strip of land is unregistered and as no landowner is known it was noted on the title register differently from the 1st prescriptive easement. It says instead that there is a claim of access and to park and the evidence is supported by xyz. Then says the right claimed is not included in this registration.
My question is, is this type of ‘registered’ easement as good the usual prescriptive easement where a landowner had the right to appeal? Would our lender be satisfied with this?
Our solicitor says Land registry have not accepted the claim so it isn’t good enough, but if that’s the case why would Land Registry put it on the title register at all?
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Comments
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Your lender will be relying on your solicitor's advice - so what is that?0
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The prescriptive easements guidance is included in our PG - https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription
The entry/notice you have is all you can get if claiming a right over unregistered land so nothing more to do from a registration perspective.Whether an indemnity policy is needed and what your mortgage lender requires are very much matters for your legal rep to advise on“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Just been through this myself (although it was a bridleway rather than a footpath)
Basically, your solicitor needs to be happy.
Otherwise they advise the lender that there is an access issue and the lender decline the mortgage.
You'll need to push the sellers into resolving this issue to the satisfaction of your solicitor if you want to get a mortgage on it.1
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