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I posted this in the wrong Forum earlier today. Just meant to say hallo as my first posting in Legal Beagles Just got carried away with the issue below so now reposted it in the correct Forum!
* Conveyancing
Today, 18:09:PM
* *
HELLO I am a Newbie and open to any constructive comments so please be kind!
Hopefully a host of experienced LegalBeagles out there willing to help as getting nowhere on the purchase of a property. I put an offer in late November 2019. The offer was accepted as a cash deal so passed onto a local solicitor to do the conveyancing. I did realise that their was a small piece of land as part of the purchase adjoining the property to the rear of the building. This was landlocked. You could only go into the shop from the front that fronted onto a roadway but no way through accessing out the back of the shop. There is an alleyway that ran between the shop (historically a 19c cottage) and a further row of cottages that front the main roadway. I was informed by land registry the alleyway was unregistered land.
The inevitable pingpong of emails started.....
I asked my solicitor whether a prescriptive easement could be put in place?
It transpired that the Directors selling the shop were not prepared to confirm that access had been in use through the alleyway between the two gable ends passing through a pair of unlocked gates. However the manager who had worked there for over 15 years was prepared to provide a statement of fact on it's use over this time. Staff passed over the alleyway to the rear piece of land allowing maintenance of the building/land/services to her knowledge without restriction. However my solicitor said a statement needed to be provided solely from the seller and then suggested I instead pay for an indemnity insurance . How this would safeguard access I was unclear or whether this was just another cost to ramp up the bill.*
Meantime I enquired at the local council for rights of way as found an old OS map from 1953 that showed there had been a named road historically passing between the two gables ends but the byway was severed one end when a railway track was rerouted in the 1950's. It has been difficult to find and ascertain from the local council whether their was a status to this byway, whether it still exists or not and hence any public rights over it. Information provided by the council informed me that OS maps can not be relied on as evidence or accuracy with a disclaimer in place.
As we moved into mid January I certainly didn't feel that I was getting supportive clear guidance or what route I should be taking to safeguard a future investment and no further forward with the property purchase. I did some more research. So my next question to my solicitor was:- .
What about an easement of necessity?
This was dismissed by the solicitor as told I would need 'counsels opinion' on it and it would be a court matter costing me in the region of £1500 plus court fees and no guarantee on getting it granted!.
Final suggestion surprisingly was made by the estate agent to me after a long telephone conversation to hopefully move matters forward as the buyers were getting concerned at the slow pace of progress, as indeed I was.
Could a caution be submitted at first registration?
However the solicitor informed me, 'due to the circumstances' this would only be an option worth pursuing once counsels opinion was sought with a report, otherwise I would be purchasing the property without access and had to sign a disclaimer. I consider the former would certainly safeguard the solicitor and another large cost to fork out.* . Also the latter option would be putting me at a significant disadvantage if after purchasing a property a CT1 form is presented to land registry with first registration alongside a legally drawn up disclaimer?
After the slow pace of progress and constantly chasing for updates my end I wouldn't be surprised if I lose the sale as the end of April nears. It will still cost me significantly in time and money if it falls through.Certainly over the last four a half months I do feel compromised by this process and remain quite confused by it all really - hence my post.
Any suggestions or just a different perspective on the best course of action would be much appreciated please.
.*
*
* Conveyancing
Today, 18:09:PM
* *
HELLO I am a Newbie and open to any constructive comments so please be kind!
Hopefully a host of experienced LegalBeagles out there willing to help as getting nowhere on the purchase of a property. I put an offer in late November 2019. The offer was accepted as a cash deal so passed onto a local solicitor to do the conveyancing. I did realise that their was a small piece of land as part of the purchase adjoining the property to the rear of the building. This was landlocked. You could only go into the shop from the front that fronted onto a roadway but no way through accessing out the back of the shop. There is an alleyway that ran between the shop (historically a 19c cottage) and a further row of cottages that front the main roadway. I was informed by land registry the alleyway was unregistered land.
The inevitable pingpong of emails started.....
I asked my solicitor whether a prescriptive easement could be put in place?
It transpired that the Directors selling the shop were not prepared to confirm that access had been in use through the alleyway between the two gable ends passing through a pair of unlocked gates. However the manager who had worked there for over 15 years was prepared to provide a statement of fact on it's use over this time. Staff passed over the alleyway to the rear piece of land allowing maintenance of the building/land/services to her knowledge without restriction. However my solicitor said a statement needed to be provided solely from the seller and then suggested I instead pay for an indemnity insurance . How this would safeguard access I was unclear or whether this was just another cost to ramp up the bill.*
Meantime I enquired at the local council for rights of way as found an old OS map from 1953 that showed there had been a named road historically passing between the two gables ends but the byway was severed one end when a railway track was rerouted in the 1950's. It has been difficult to find and ascertain from the local council whether their was a status to this byway, whether it still exists or not and hence any public rights over it. Information provided by the council informed me that OS maps can not be relied on as evidence or accuracy with a disclaimer in place.
As we moved into mid January I certainly didn't feel that I was getting supportive clear guidance or what route I should be taking to safeguard a future investment and no further forward with the property purchase. I did some more research. So my next question to my solicitor was:- .
What about an easement of necessity?
This was dismissed by the solicitor as told I would need 'counsels opinion' on it and it would be a court matter costing me in the region of £1500 plus court fees and no guarantee on getting it granted!.
Final suggestion surprisingly was made by the estate agent to me after a long telephone conversation to hopefully move matters forward as the buyers were getting concerned at the slow pace of progress, as indeed I was.
Could a caution be submitted at first registration?
However the solicitor informed me, 'due to the circumstances' this would only be an option worth pursuing once counsels opinion was sought with a report, otherwise I would be purchasing the property without access and had to sign a disclaimer. I consider the former would certainly safeguard the solicitor and another large cost to fork out.* . Also the latter option would be putting me at a significant disadvantage if after purchasing a property a CT1 form is presented to land registry with first registration alongside a legally drawn up disclaimer?
After the slow pace of progress and constantly chasing for updates my end I wouldn't be surprised if I lose the sale as the end of April nears. It will still cost me significantly in time and money if it falls through.Certainly over the last four a half months I do feel compromised by this process and remain quite confused by it all really - hence my post.
Any suggestions or just a different perspective on the best course of action would be much appreciated please.
.*
*
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