seems odd that all 6 house purchases could go through without clear access first being confirmed
Unsure of adverse possession would apply in this case, think ye as a group of 6 need to pool together and get a solicitor involved.
We are a small development of 6 houses accessed by a common road from the main highway.
I don't believe it will in the case of a shared roadway. The farmer's access to the land covered would need to have been excluded for 12+ years.
As above, it would be very unusual that 6 solicitors missed ensuring rights of way were in place here. Take a look at the LandDirect site to check if title is registered.
That's not really relevant.I checked the LandDirect site. None of the six houses are registered
That's not really relevant.
Is the roadway itself registered? If any of the 6 owners has registered a right of way, then it will be coloured in yellow on the land registry map.
Rights of way can be complex, but your extended free use of it simplifies things. If you had use for 20 years prior to 2009, you can just it registered easily enough. If not, you need 12 years use post 2009, which means 2021 is the earliest you can register it. This is unless you already have, or can obtain, written right of way from the landowner.
By the way, they are supposed to be registered by the end of 2021.
It'd be worth having a conversation with a conveyancing solicitor. As part of the planning application or the purchase of site, a right of way should have been secured, but it depends on how long ago it was.
Even if he is chancing his arm, these things get expensive quickly if it goes down a legal route.
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