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  • FIRST POST
    • Apollo the bulldog
    • By Apollo the bulldog 5th Aug 18, 10:05 PM
    • 2Posts
    • 0Thanks
    Apollo the bulldog
    Right of access on a ex council house
    • #1
    • 5th Aug 18, 10:05 PM
    Right of access on a ex council house 5th Aug 18 at 10:05 PM
    Hi all
    I wanted to pick peoples brains and get some advice as I'm stumped and cannot find any info regarding this on the internet.

    After speaking to a neighbour today I was curious as to why his neighbour had sold his property (stc) but all of a sudden the estate agent sign had been taken down and the sale fell through.

    He stated to me that the potential buyer of his neighbouring property had demanded a key to to access that runs along his property to allow him to bring his motorbikes through.
    My neighbour rang his solicitor and was advised by them that when an ex local authority house is purchased from the council then the property and the land becomes private and the access rights are extinguished. He was also advised to erect a fence along the boundary by the same solicitor.
    Does anyone else have any knowledge of this and if indeed this is correct?
    I'm confused
Page 1
    • Mr.Generous
    • By Mr.Generous 5th Aug 18, 10:13 PM
    • 1,772 Posts
    • 2,661 Thanks
    Mr.Generous
    • #2
    • 5th Aug 18, 10:13 PM
    • #2
    • 5th Aug 18, 10:13 PM
    We have bought and sold a number of ex council houses where an access passage belongs to one house but the deeds state something like "Must allow full unhindered access to neighboring plot".


    This remains after the sale and stays in place.
    • Apollo the bulldog
    • By Apollo the bulldog 5th Aug 18, 10:18 PM
    • 2 Posts
    • 0 Thanks
    Apollo the bulldog
    • #3
    • 5th Aug 18, 10:18 PM
    • #3
    • 5th Aug 18, 10:18 PM
    I thought this may be the case but he is adamant that he can block it off under instruction of his solicitor.
    I'm wondering if it may be that the access has not been used for a good number of years and there for could be extinguished. But surely some kind of legal document is needed for this?
    • Carrot007
    • By Carrot007 5th Aug 18, 10:20 PM
    • 1,458 Posts
    • 1,212 Thanks
    Carrot007
    • #4
    • 5th Aug 18, 10:20 PM
    • #4
    • 5th Aug 18, 10:20 PM
    My previous place was an ex council (oddly sold from the council in the 50s so a bit of a rarity) terrace (end), and the 2 neighbours both has access rights around it. (only next door still council (well HA I think)).


    It should be in the deeds (of all houses affected) and can only be removed by mutual consent.


    I'd say his solicitor is an imaginary friend. But hey he put someone off. What an !!!.
    • xylophone
    • By xylophone 6th Aug 18, 9:56 AM
    • 26,118 Posts
    • 15,473 Thanks
    xylophone
    • #5
    • 6th Aug 18, 9:56 AM
    • #5
    • 6th Aug 18, 9:56 AM
    The would be purchaser could have checked the Land Registry entries?
    • CocoLouie
    • By CocoLouie 6th Aug 18, 10:20 AM
    • 45 Posts
    • 28 Thanks
    CocoLouie
    • #6
    • 6th Aug 18, 10:20 AM
    • #6
    • 6th Aug 18, 10:20 AM
    Right of access can only be extinguished with the agreement from the property which benefits from the access
    • Norman Castle
    • By Norman Castle 6th Aug 18, 10:52 AM
    • 7,266 Posts
    • 6,036 Thanks
    Norman Castle
    • #7
    • 6th Aug 18, 10:52 AM
    • #7
    • 6th Aug 18, 10:52 AM
    Its possible there was never a right of way but the land was viewed as communal with access for all residents. Change of ownership may cancel this.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • Davesnave
    • By Davesnave 6th Aug 18, 10:58 AM
    • 25,818 Posts
    • 94,106 Thanks
    Davesnave
    • #8
    • 6th Aug 18, 10:58 AM
    • #8
    • 6th Aug 18, 10:58 AM
    Its possible there was never a right of way but the land was viewed as communal with access for all residents. Change of ownership may cancel this.
    Originally posted by Norman Castle
    Not if the walkway has been used for 20+ years.


    Permissive rights trump issues of council/non council ownership, but it depends on the level of proof needed, I'd think.
    If you are finding huge gaps between your paragraphs, MSE know about the problem. However, they aren't necessarily doing anything about it. More changes on the way?
    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • Norman Castle
    • By Norman Castle 6th Aug 18, 4:15 PM
    • 7,266 Posts
    • 6,036 Thanks
    Norman Castle
    • #9
    • 6th Aug 18, 4:15 PM
    • #9
    • 6th Aug 18, 4:15 PM
    Not if the walkway has been used for 20+ years.


    Permissive rights trump issues of council/non council ownership, but it depends on the level of proof needed, I'd think.
    Originally posted by Davesnave
    If the land was communal and available for tenants using it wouldn't give permissive rights, they would be using land they rent.
    Last edited by Norman Castle; 07-08-2018 at 10:13 AM.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
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