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Hi all,
I am looking for some sound legal advice.
The rear wall of my property forms the boundary between me and my neighbour. My neighbours back garden goes across the rear of our house. In the Land Registry title reference is made to a right of way (shown on a plan) across my neighbours land in order to carry out repairs etc to the rear of my property. There is also a licence dated 1988 between the then owners of my house (house A) and the then owners of my neighbours house (house B) in which reference was made to the owner of B constructing a building against the wall of my house, A and therefore obstructing the said right of way. Whilst nobody knows exactly what happened I think maybe a gate was erected to prevent free access by anyone into the garden of house B but that's not been confirmed anywhere.
The license then requires that termination of this will cease when that owner ceased to reside at that property, B, AND that also said doors and walls that were constructed must be removed.
Both properties have changed hands two or times since this license but more importantly in 2002 permission was granted to house B to build an extension across the said right of way which was constructed and still stands. The extension now houses the front and back doors to the property so in fact the right of way is still obtainable albeit now with an obstruction (doors) as was maybe the case in 1988.
The problem is we are selling our house (A) and the buyers solicitor is insisting on this licence being renewed in a similar format. What I have been saying to my solicitors is that this licence will not be signed by the current owner of house B as it says on termination of tenancy walls and doors across right of way must be removed. This means she will potentially have to take her kitchen down which she is simply not going to do and therefore would not sign such an agreement understandably. The buyers solicitor is not budging on this and I think has advised her client that unless this licence is administered there will be no protection of the access.
During the combined 5 sales of both houses since 1988 this has not been an issue, so why now?
I don't think my solicitor has argued whether the Neighboring Land Act 1992 applies and the buyers solicitor has not made any reference to it either.
So the question is whether the buyers access to the right of way is protected and how?
My solicitors have tried to buy a bespoke indemnity policy against this but after speaking to a number of companies cannot get one.
This issue is this may compromise the sale.
Thank you.
I am looking for some sound legal advice.
The rear wall of my property forms the boundary between me and my neighbour. My neighbours back garden goes across the rear of our house. In the Land Registry title reference is made to a right of way (shown on a plan) across my neighbours land in order to carry out repairs etc to the rear of my property. There is also a licence dated 1988 between the then owners of my house (house A) and the then owners of my neighbours house (house B) in which reference was made to the owner of B constructing a building against the wall of my house, A and therefore obstructing the said right of way. Whilst nobody knows exactly what happened I think maybe a gate was erected to prevent free access by anyone into the garden of house B but that's not been confirmed anywhere.
The license then requires that termination of this will cease when that owner ceased to reside at that property, B, AND that also said doors and walls that were constructed must be removed.
Both properties have changed hands two or times since this license but more importantly in 2002 permission was granted to house B to build an extension across the said right of way which was constructed and still stands. The extension now houses the front and back doors to the property so in fact the right of way is still obtainable albeit now with an obstruction (doors) as was maybe the case in 1988.
The problem is we are selling our house (A) and the buyers solicitor is insisting on this licence being renewed in a similar format. What I have been saying to my solicitors is that this licence will not be signed by the current owner of house B as it says on termination of tenancy walls and doors across right of way must be removed. This means she will potentially have to take her kitchen down which she is simply not going to do and therefore would not sign such an agreement understandably. The buyers solicitor is not budging on this and I think has advised her client that unless this licence is administered there will be no protection of the access.
During the combined 5 sales of both houses since 1988 this has not been an issue, so why now?
I don't think my solicitor has argued whether the Neighboring Land Act 1992 applies and the buyers solicitor has not made any reference to it either.
So the question is whether the buyers access to the right of way is protected and how?
My solicitors have tried to buy a bespoke indemnity policy against this but after speaking to a number of companies cannot get one.
This issue is this may compromise the sale.
Thank you.
