Am I missing something or is my solicitor re shared driveway.

[Dragracer]

Literally on the cusp of exchanging on a drawn out purchase. And solicitor informs me she has had to inform my mortgage that the shared driveway isn't listed in the deeds.

So I downloaded the title register and it says this "Together also with a right of way with or without horses carriages or other vehicles at all times and for all purposes for the Purchaser his heirs executors administrators and assigns and their tenants and licensees over the strip of land Five feet wide coloured blue on the said plan subject to a similar right of way for the owner for the time
being of the adjoining property on the South at present belonging to the said name and his tenants and licensees over the strip of land Five feet wide coloured brown on the said plan." Which fits the description of the area.
But theres no coloured bits on the plan. Only the red boundary, but google says thats normal and the right of way stands.

The shared driveway also doesn't impact access to our property, its only if you want to drive to the rear garden.

So its a none issue right?

So you will have right of way over but not own it. That means somebody else is responsible for maintenance and insurance. Do you / does your solicitor, know who this is? Could you offer to buy it?

Its a gap between the two houses. There's driveways on the front, and space to the back to park as well.

My only concern is that the location of the right of way isnt clear enough? Without the drawing stated with the brown and blue bits?

So who owns it, and why?

There should be a conveyance which your solicitor can download from land registry which has the details of the route (with plan etc). Unless that isn't available?

They own their half and we (will) own ours. There's just a gap down the middle of the houses. That you can fit a car down if you share sp you can have a garage in the back garden. The registery text specifies a right of way for both sides over the other sides half. Its quite a common set up round here. You couldn't fit a car down only your own half.

This i will have them check. Have sent the registry to them with that bit highlighted questioning if this isnt sufficient. It just bothers me she's said she's informed the mortgage there isnt one without specifying 1. You can access the property without it. And 2. It is mentioned on the registry

What if thst part is missing?

If it's on the land reg title she just needs to get the copy of the actual conveyance from them

Failing that it should be easy and cheap to get an indemnity policy

I am pretty concerned she doesn't know these things....

Make sure you do what you need to to protect yourself in the future if there is a new neighbour who decides to ‘park’ a car or put storage in this shared area.
I’m thinking current neighbours may be great and understand sharing but if a new neighbour say, didn’t drive and wanted storage all along their side, would this impact you if you needed to drive down etc?

Just something to think of.

Tell me about it! She's just gone straight to my lender telling them its accessed by a shared driveway which has no right of way. I'm worried they're going to run a mile.

I've downloaded the neighbours register too which states. The land has the benfeit of a right of way over the part of the passage at the side not included in the title.The part of the passageway at the side included in this title is subject to rights of way.

Good solicitors are worth the money.