No right of access & indemity policy

Olapop18

Hello, I am looking for some advice. I am in the process of purchasing a property that was built just over 10 years ago and has a driveway for 3 cars. We found out that part of the land that allows access to the driveway belongs to the neighbour (more or less 60%). It is "just" the access (i.e. a wide and small strip of land in front of it) and the neighbour has a separate access, far from the property (it's not a side neighbour). There would be no realistic use of the land for them and the land had blocked paving put on it when the house was built. I wanted to get a view on the risk level and also realistic concern that future buyers might have (as I do now!) and if there is anything else I should do. A few facts:

- the neighbour hasn't complained for 10 years+ or during the planning application process for the house. The solicitor has asked for the statement of truth in this regard from current owners

- we could still get cars on the driveway, driving to the side of the land that is not in our ownership and parking "in front of it" but it would be inconvenient

- the current owners are not the original owners who developed the land so we have limited history behind it

- the land has had an indemnity cover - we are looking to confirm the details of cover

- our solicitor believes that we cannot claim adverse possession even though the land is covered with blocked paving

- we can't discuss the issue with the owner to fix it because of the cover - so this will likely remain an oddity when we sell. We will likely stay in the house for over 10 years so if there is no objection from the neighbour, we could reach 20 years that allows us automatic right of access. However, it is a risk since the neighbour could complain

I am also not entirely sure how the indemnity cover would help if the issue genuinely arised

Titus_Wadd

Sorry I don't have any legal advice, but living on a private road with a full-fat right of way in our deeds hasn't protected us from a deranged neighbour who has taken exception to "sharing" this patch of the private road giving access to our drive. The hassle over 8 years in terms of anti-social and criminal behaviour isn't covered by our deeds. If we ever get into a position to sell and move I'd never entertain a right of way or shared drive set up because there's always the risk that the current quiet landowner might sell to the neighbours from hell with time, money or determination to cause you problems. I'd walk away!

user1977

In practice, if the neighbour ever kicked up a fuss then the insurer would pay to buy formal rights of access from them. Or they would compensate you for whatever the loss in value of your property is.

Olapop18

@Titus_Wadd I am indeed concerned about getting someone "crazy" indeed. Out of curiosity, does your neighbour have any use of the land? There is just no use to a small patch of land across our driveway, and it's 0 use to the neighbour who is on the other side of the road.

Olapop18

@user1977 thank you. Do you know at all how the loss in value would be determined / proven?

Section62

https://forums.moneysavingexpert.com/discussion/comment/82001522#Comment_82001522

There is just no use to a small patch of land across our driveway

There is one excellent use…. charging you the upper end of a reasonable fee to get access to your property across it. As an investment, the owner of the land might struggle to obtain a better return on their money than this.

our solicitor believes that we cannot claim adverse possession even though the land is covered with blocked paving

From what you've described I think your solicitor is right. There was a somewhat controversial case recently which might strengthen your position in any claim, but there's a fundamental difference in that claim that the dispute was over a patch of grass and the regular maintenance of the land was a factor.

Couple tried claiming neighbour's land with gnome

But maintaining and using an area of block paving isn't the same as maintaining grass (with or without gnome). That the area has block paving doesn't by itself give you a right to use it.

user1977

https://forums.moneysavingexpert.com/discussion/comment/82001524#Comment_82001524

By the usual methodology used by surveyors to determine market value (both with and without the access).

But in these sorts of circumstances, once the other party realises the title problem, they don't generally want to suddenly prevent you using the access, they're happy to take some cash in return for rectifying the title. Up to the insurers how to settle it (the other option is they pay to defend your rights if you've arguably got any by e.g. using the access for long enough to establish a legal right).

Titus_Wadd

https://forums.moneysavingexpert.com/discussion/comment/82001522#Comment_82001522

With @rse-whole neighbours there's no fathoming how much they may cut off their own noses to spite their faces. Access to our house has been impeded for 6+ years by a large item dumped blocking the driveway we all share…so much so that that same person, who has built houses they cannot sell them. Trying to apply the reasoning of an average person to such folk is utterly unhelpful we have found.

There are other houses, keep looking. I wish we had.

mta999

A difficult neighbour could eg put bollards up

Chief_of_Staffy

Don't buy a house with shared anything. That's my advice. Aside from everything discussed, have you thought what happens if this neighbour, or a future buyer of their property, decides just to block access? Regardless of whether they do it next week or 20 years from now, regardless what indemnities or agreements you have, it immediately becomes a pertinent fact you'd need to declare on selling, likely reducing the value of your property substantially and possibly making it unsellable.

sheramber

Does the other person know about the strip Of land?

At my last house my neighbour discovered months after moving in that the area of land between the road and their property did not belong to them.

There was no problem sorting it as the land belonged to a family member of the seller . The family member had originally owned the land that the house was built on .

Title was transferred to my neighbour.