Advice on unadopted lane please

[hopingtomovesoon]

We live on an unadopted lane and have one set of neighbours with whom we are civil, but not friendly with.

The neighbours want to obtain the freehold of the lane and will take responsibility for maintenance (they run a business and have far more vehicles on the lane than we do).

Whilst we do not have a problem with this in principle (subject to various conditions), we are hoping to move in a few months and would not want this to hinder the sale of the property.

We have not, as yet, acknowledged the letter, as we do not want to make a decision on behalf of potential buyers, but equally do not want to seem like we are just ignorning them. To complicate matters, we don't particularly want to tell them we are planning on moving (until the house is actually on the market).

Can anyone help on the following:

1. Is there anything obviously detrimental to us/potential buyers if the neighbours take freehold of the lane?
2. If we acknowledge the letter, and state that we do not have a problem in principle, would this cause problems for potential buyers if it wasn't resolved before we sold?
3. How long would this type of thing be likely to take (including changing all the deeds etc).

Any advice gratefully received.

Why do they want it exclusively?

You would need to be clear whether they will always pay for maintenance of the road.

Noddy, Don't know for sure why they want it exclusively, it could be as simple as if they are going to put the money in to maintain it (they have acknowledged they have by far the majority of traffic) that they want to own it too. That is basically they have put in the letter.

I wouldn't put it past them that there is an ulterior motive that we are not aware of, which was part of the reason for my post - was there anything obvious that we were missing sight of.

Soupdragon, completely agree, that would need to be written into any contractual agreement/deed change that it was kept to an agreed condition.

I would have thought they would have suggested a shared freehold.theoretically if they owned it they could dictate what you could do with it and /or charge you for the privilege.Definitely needs to be resoled before you sell as any disputes really hold things up.

What happens when they move or pass on? I doubt the new owner of the house will want to be responsible for the whole cost of maintaining the road? I would get a bit of legal advice on the implications of this one TBH. It sounds odd!

You need a contract giving you, and later owners of your property in perpetuity, access rights over the road. (Shouldn't be a problem, I had access rights through a field in a previous property.)

You will need to ensure that you have new deeds drawn up with your access rights on it. If they take the freehold then they can deny you the right to access your property. The other way to do it is to suggest a shared freehold but with a greater responsibility for them to maintain as they will use it more. Either way I would go and see a solicitor.

I would aknowledge their letter, and say that ownership of the lane was not a matter you have ever give any due consideration to, and given the implications of such a matter you would need time to consider all the options, however your first thought is that share of the freehold might be more suitable in the circumstances.

Thanks everyone, lots of food for thought/to consult with a solicitor about if it comes to it.
We do currently have indemnities around access rights/utilities etc so would, if it came to it, ensure that was covered off.
Good point about the charging for things - any agreement would have to be watertight. TBH I can't see how it would impact their ability to sell any way other than negatively... so I am wondering if there is more to it.
Singingbear, I appreciate your timescale advice, reckon we might try to stall for a while on that basis until we have more concrete(ish) timescales about moving.

Just thought of somemore things:

If they do apply for the freehold without our responding to the letter, presumably we would have to be notified? Who would ensure this is done?

In the event that we decided not to agree to it, or went for a shared freehold, what could they do about it, and would this have to be declared to prospective buyers? Does the fact they sent us the letter mean we would have to declare it even if it wasn't progressed?

Thanks again.

\They may be planning to build or extend in relation to their business and may need the freehold to do this so would check that too.Very odd there must be a reason as would be cheaper and more straightforward to share it