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How do you find out about access/rights of way?

4 replies

ItNeverRainsBut · 25/06/2010 16:09

In the process of buying a house, and I'm wondering about whether we will have the right to use a lane that goes along the back of the terrace. It goes behind the neighbouring houses gardens but ends at the house we are buying. There's currently no gate to lead into that lane but I wondered whether it would be ok to put one in? - how would I find out whether we could use that lane or not? Conveyancing solicitor hasn't been especially helpful so I wondered if I could find that out myself.

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unavailable · 25/06/2010 22:16

Surely this is one of the things you are paying your solicitor to find out? That's why you pay them for searches etc.

Have you ask them directly to find out?

ItNeverRainsBut · 26/06/2010 11:54

That's what I would have thought too, and we did ask, but they don't seem to have an answer for us. Will keep leaning on them! I just can't really understand why they can't find out.

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chiccadee · 26/06/2010 12:51

Depends if it is registered or unregistered title, first off. Assuming it is registered (chances are, it is) then there should be an easement recorded on the title.

If not, then either a) there is no right of way or b) there may be a right of way by prescription if the seller can provide you with 20 years + evidence (such as statutory declarations) of use.

You can check it the title for the property in a few minutes at the LandRegistry website for a small fee, very easily. BUT, this is the biggest purchase of your life and you need to be sure you've got a decent solicitor acting for you - this should be bread and butter to them so if they are not on to it, consider whether you really want them to act for you. Maybe discuss it with a senior partner first, and if you are still not happy, the complaints partner, to ratchet up the pressure.

One other point, if there is no ROW (when it was assumed that one existed), it is likely to affect the valuation so - assuming you still want the house - you may need to get the valuation checked/ inform the mortgage co/ decide whether to put in a lower offer. Again, your solicitors should be dealing with all of this and keeping you informed. Unfortunately there are some rogues out there, especially at the cheaper end of the market, so don't be fobbed off.

ItNeverRainsBut · 26/06/2010 13:33

Thanks, this is helpful. I will discuss again with the solicitor on Monday - as you say, they really ought to be able to answer this.

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