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Access Rights - buying a house and not sure if I should pull out of the purchase

(1 Post)
2boysnamedR Mon 22-Apr-13 21:38:58

Hi – I am after some advice about rights of way. I am purchasing a house which I thought was off a side street. The house seems to be on land which used to belong to a chapel and its cottage. Both are still there but overtime the area has become developed and it’s in a built up area. The house is accessed from a road which is off the main residential road and set back via the side street. I have found out that in fact it is not a side street but a private drive which belongs to the house I am buying. The drive is about 10 metres long and serves two house at the end. All of the drive belongs to us and there is a right of way past next doors house which runs the length of the drive onto another street. My solicitor says “there was a Deed of Grant dated 2003, which state that the owners of next door would have to pay a fair proportion of the cost to repair and/or maintain the access way. It does not specifically state that they would be jointly responsible but, as the drive only serves two properties, I would suggest that half would be a fair proportion.” We would basically own the land outside their window, garage, where they park their car and the whole length of both sides of the drive. Interestingly there was no sale in 2003 according to Zoopla so I don’t know this deed of grant came about (boundary dispute?). More worryingly there is no mention of the fact that the old Chapel cottage also next door has access - right outside of our garage to their drive and garage. So nothing has to light about the Chapel cottage having access over the drive as well. I am more worried about the Chapel Cottage as if they have no right of way, but need access to their garage via my drive and have used this for 30 years do they have rights to carry on? If they sold the land for development could the new owners also claim access over my drive? Which I have to upkeep? I am asking my solicitor about this – should they be really be informing me of any pitfalls? I feel like I am trying to tease this out of them. Thanks

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