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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 on back 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 the 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 (previously a 19c cottage)* and a further row of cottages that front the main roadway. I was informed by land registry the passageway was unregistered.
The inevitable pingpong of emails started......
I asked my solicitor whether a prescriptive easement could be put in place?*
It transpired that the company selling the shop ( Directors )* 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 worked there was prepared to provide a statement of fact on it's use over 15 years. Staff passed over the alleyway to the rear piece of land allowing maintenance of the building/land/services to her knowledge over this time period without restriction. However my solicitor said a statement needed to be provided from the seller and then suggested I instead pay for an indemnity insurance.
Meantime I enquired at the local council for rights of way as found an old OS map 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 solicitors 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 as* 'due to the circumstances' this would only be an option worth pursuing once counsels opinion was sought with a report, otherwise I was purchasing the property without access and had to sign a disclaimer. I consider this would certainly safeguard the solicitor but does little to safeguard me in a business transaction. Also wouldn't I be put 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 and 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 and quite disillusioned hence my post.
Any guidance or advice would be much appreciated please.* . * **
*
Hopefully a host of experienced LegalBeagles out there willing to help as getting nowhere on the purchase of a property.* I put an offer on back 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 the 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 (previously a 19c cottage)* and a further row of cottages that front the main roadway. I was informed by land registry the passageway was unregistered.
The inevitable pingpong of emails started......
I asked my solicitor whether a prescriptive easement could be put in place?*
It transpired that the company selling the shop ( Directors )* 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 worked there was prepared to provide a statement of fact on it's use over 15 years. Staff passed over the alleyway to the rear piece of land allowing maintenance of the building/land/services to her knowledge over this time period without restriction. However my solicitor said a statement needed to be provided from the seller and then suggested I instead pay for an indemnity insurance.
Meantime I enquired at the local council for rights of way as found an old OS map 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 solicitors 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 as* 'due to the circumstances' this would only be an option worth pursuing once counsels opinion was sought with a report, otherwise I was purchasing the property without access and had to sign a disclaimer. I consider this would certainly safeguard the solicitor but does little to safeguard me in a business transaction. Also wouldn't I be put 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 and 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 and quite disillusioned hence my post.
Any guidance or advice would be much appreciated please.* . * **
*
