YorkshireCottage
Member
- Messages
- 24
Hi
Apologies in advance for what will no doubt be a long and complicated post. We're buying a house which is accessed via a track from the main road. The track crosses registered Common Land. There is no other access to the house. So, here's the thing - there's nothing in the deeds to give us a right of access over the track. The vendor's family have lived there for generations, have used the track without issue over that time, and have signed a Statement of Truth that will allow us to apply to the Land Registry for a prescriptive easement.
Our solicitor is having kittens at the thought of no access, despite our reassurances that it's been like that for decades and is very very unlikely to ever change. His worries have set mine off, where normally I would just think "meh", I'm now thinking not only "but what if.." but also "what happens if we apply for an easement and don't get it, and then can't get an indemnity policy, and then the landowner removes the track?
Does anyone have any experience of applying to the Land Registry? Do prescriptive easements (based on long term use) generally get granted?
Would you buy this house? It's perfect, untouched, and a bargain. It's taken months to get to this point, and is still causing us sleepless nights. Any advice/commiserations welcome
Apologies in advance for what will no doubt be a long and complicated post. We're buying a house which is accessed via a track from the main road. The track crosses registered Common Land. There is no other access to the house. So, here's the thing - there's nothing in the deeds to give us a right of access over the track. The vendor's family have lived there for generations, have used the track without issue over that time, and have signed a Statement of Truth that will allow us to apply to the Land Registry for a prescriptive easement.
Our solicitor is having kittens at the thought of no access, despite our reassurances that it's been like that for decades and is very very unlikely to ever change. His worries have set mine off, where normally I would just think "meh", I'm now thinking not only "but what if.." but also "what happens if we apply for an easement and don't get it, and then can't get an indemnity policy, and then the landowner removes the track?
Does anyone have any experience of applying to the Land Registry? Do prescriptive easements (based on long term use) generally get granted?
Would you buy this house? It's perfect, untouched, and a bargain. It's taken months to get to this point, and is still causing us sleepless nights. Any advice/commiserations welcome