House Move: Searches


Anybody have any experience of having the searches done on a property and discovering that despite being boxed in by neighbouring gardens on all sides, there seems to a right of way path horizontally across the garden – maybe 2m wide and 6m across? The current occupants have been in since 1983 and it was already fenced off on both sides at that point. The house was built in 1920 so assume it was fenced off back then.

What’s the best way to handle it? Do you buy it off the council?

Ultimately it’s up to the seller to decide what they’re going to do, but I’m guessing this must be common?
 
I dont think you 'buy' rights of way.

I think that you can pay to have them diverted and that yes this is something the council deal with. Perhaps give them a call and ask them how much this costs and what the deal is. However if it crosses several other gardens the other neighbours might need to agree.

I think really you need to work out if the thing is in active use. Try knocking on a few of the neighours doors and see what the situation is.
 
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When was the right granted etc?

I suspect it will be historical from when all the houses perhaps had a back lane to use?

Before you ring anyone etc. I would check that they are not proposing to cover off with indemnity insurance as if you put anyone on notice the insurance is then a no go
 
Edit - just double checked the email from my solicitor:

"Land Registry reveals that the area shown coloured brown is actually owned by the Local Authority and that currently there are no rights for you (or anyone else) to use this land, even though it forms part of your garden. Obviously this is an issue".

So it's not a PROW.

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In real life, it's full on garden with 1.8m fences all around it.
If youve had searches done through a conveyancing solicitor then ask the solicitor for advice?

They've gone back to the seller and their solicitors to ask them to sort it.
I think really you need to work out if the thing is in active use. Try knocking on a few of the neighours doors and see what the situation is.

I'm going to knock at the weekend and see how they dealt with it when they purchased their houses.
 
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Edit - just double checked the email from my solicitor:

"Land Registry reveals that the area shown coloured brown is actually owned by the Local Authority and that currently there are no rights for you (or anyone else) to use this land, even though it forms part of your garden. Obviously this is an issue".

So it's not a PROW.

Logon or register to see this image


In real life, it's full on garden with 1.8m fences all around it.


They've gone back to the seller and their solicitors to ask them to sort it.


I'm going to knock at the weekend and see how they dealt with it when they purchased their houses.

Yeah. I'd say its within their interests to sort it in order to sell as everyone getting searches will highlight this issue and will possibly affect the sale of the property
 
Maybe in the past someone bought it to make their garden bigger and the plans either weren't good enough or were plotted incorrectly by the Land Registry

Depends how quick you want it sorting as there is the proper way and indemnity insurance
 
Once it’s been used for so long by the occupier and not the council don’t they assume the rights of the owner? Uninterrupted use or something. A while since I’ve done land law
 
Once it’s been used for so long by the occupier and not the council don’t they assume the rights of the owner? Uninterrupted use or something. A while since I’ve done land law
I'd have thought that - but as they are named on the land registry it's theirs!
When was the right granted etc?

I suspect it will be historical from when all the houses perhaps had a back lane to use?

Before you ring anyone etc. I would check that they are not proposing to cover off with indemnity insurance as if you put anyone on notice the insurance is then a no go

Could you tell me a little more about what you mean RE: insurance a no go?
 
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I'd have thought that - but as they are named on the land registry it's theirs!


Could you tell me a little more about what you mean RE: insurance a no go?

Long story short if you contact anyone (probably Council in this case) to alert them to the issue then the insurance won't be available

I would just leave to your solicitor and see what is suggested. If they are looking for the Council to transfer it to correct the title expect months of delays
 
Long story short if you contact anyone (probably Council in this case) to alert them to the issue then the insurance won't be available

I would just leave to your solicitor and see what is suggested. If they are looking for the Council to transfer it to correct the title expect months of delays

Will do. Thank you.

Titles all look legit.

Hoping indemnities are the way forward for the mortgage broker.

Or I’m absolutely fucked.
 
Once it’s been used for so long by the occupier and not the council don’t they assume the rights of the owner? Uninterrupted use or something. A while since I’ve done land law
This is what I’m thinking as well. Isn’t it negative prescription where a right to access land hasn’t been used for 20 years?
 

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