Buying House - Undocumented right of way

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r1chd0g

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We're looking at purchasing a property which is accessed by a lane which belongs to another property. There is no way to access the property except through this lane. The solicitors has found that although a right of way is there to access the property (being used for 30 years) it's not documented. The solicitor said it would be very hard to draw down the mortgage from the Bank without this being documented by the vendor.

Solicitor is really trying hard to put me off purchasing the house based on this information - mentioning what if practical issues with gas,water that runs under the laneway to the property we are looking at.

Anyone deal with something like this before ? How long for them to register/sort it out ?
 
You need to get documented access over the right of way. The Vendor should not even be trying to sell this property without resolving it.

How long? As long as it takes.

And if you cannot get documented access, there is a reason. Its called Trouble with a Capital T!

mf
 
richardm said:
Solicitor is really trying hard to put me off purchasing the house based on this information
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I would take your Solicitor's advice and look elsewhere. It could take years to sort out the documentation if indeed it can be sorted out.
 
Like all the other posters have said in different words WALK AWAY from this proposed purchase. Your solicitor is giving you good advice. Listen to it.
 
This is certainly an issue that needs to be resolved before you purchase. If you are in a hurry then you should probably walk away, however if you have time an patience you may get a bargain.

I bought a property with a boundary dispute some years ago at a significant discount, I then bought off the neighbour with the dispute, for very much less than the discount I got.

I was buying that as an investment and could afford to wait and even if I had lost the property it wouldn't have mattered to me.

As others have said this is trouble. But there can be profit in resolving trouble
 
So update on this - The title deeds of the house seems to have a documented right of way , however we haven't seen this registered with the land registry yet. Our solicitor is asking the vendor's solicitor for this information. Not sure what the consequences are of not having registered the right of way with the land registry, or how long it takes to register if a document already exists where the parties involved agreed to the right of way.
 
If the property has a right of way on the deeds this may be something more but as it not registered and the vendor cannot provide this thus far has rightly concerned your solicitor. If it is not forthcoming then as your solicitor will advise again, I am sure, and other posters advised ....WALK AWAY.....no RUN AWAY. Believe me you could end up with a whole lot of grief you did not bargain for at the outset - herein is my experience of a similar nature.
 
interestingly the solicitor is now saying everything is ok and that we can register with the land registry ourselves as all the documents are done and signed by all parties regarding right of way - just never registered as they were signed in 1999, before the Land Conveyancing Act in 2009.
 
Why doesn't the vendor do it prior to the sale...sounds strange to me.
 
Sounds strange to me too. I'd want if sorted before buying
 
I have a right of way on the title deeds to another property, which is not marked on the land registry map. Is it sufficient to have the right of way on the title deeds only?
 
richardm said:
interestingly the solicitor is now saying everything is ok and that we can register with the land registry ourselves as all the documents are done and signed by all parties regarding right of way - just never registered as they were signed in 1999, before the Land Conveyancing Act in 2009.
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Get it in writing from your solicitor and from the vendor. Again don't know why vendor cant sort it before sale, if they really want to sell.
 
I had a similar issue with a holiday home I was buying .... it took a full year to sort out.

I had a very good solicitor who insisted on everything being spot on.

Well worth the wait!
 
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