Right of way onto private land

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Tue 10 Dec 2013 18:06
Right of way onto private land - Ben 10

Saw a plot of land for sale on an auction catalogue. The land is presently owned. Plot has only 3 old garages on it that are derelict. The rest of the plot is accessable but needs clearing.

Went to have a look as it is quite local to me. There are low rise flats on both sides. On one side there is a wooden structure that is used as a garage which is on the border of both plots. The red line on the land registry document passes in front of this structure. Apparently the woman who uses this garage, uses the sale plot to access and exit out onto the main road. It is not apparent how long she has done this, and there is nothing in the legal paperwork to say she has permission. As far as that goes her garage is not on this land.

After a certain amount of time, does she have legal right to carry on this practice? She says she has legal right to do so. But her stubborn action makes the potential sale of the land a bit of a non-starter.

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Tue 10 Dec 2013 18:34
Right of way onto private land - Armitage Shanks {p}

Get her to prove it and/or discuss with the seller. Could be very complicated and expensive to resolve if the legal profession gets involved

Edited by Armitage Shanks {p} on 10/12/2013 at 18:35

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Tue 10 Dec 2013 19:42
Right of way onto private land - focussed

It sounds as if the woman that you speak of has somehow acquired a "licence" for access to the main road from a land-locked property (the wooden structure). The problem for a buyer is that this licence is likely to be converted to an "easement"(a legal right to pass and repass over the land) during the sale legal procedure.

Only a solicitor can advise you of the true situation.

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Sat 21 Dec 2013 11:30
Right of way onto private land - Ben 10

On the auction website they added some paperwork prior to the sale. The owners of the plot had bought it for 50K and had plans turned down to build a dwelling on it even after appeal. So no wonder it was going to auction.

On 17th December at the sale, someone bought the plot for 47.5K. I hope they didn't buy blind as they will have problems. The sellers obviously made back most of their original investment. Having read the legal pack carefully I backed off the idea.

For anyone who watches programmes like "Homes Under The Hammer" and thinks they can grab a bargain and make money, think before you buy. There can be obstacles to doing what you think you can. Buyer beware!

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Sat 21 Dec 2013 13:13
Right of way onto private land - TedCrilly

The oft repeated `Homes under the hammer manta` is to always read the legal pack and take professional advice before bidding.

Caveat emptor..........and all that.

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Sat 21 Dec 2013 21:36
Right of way onto private land - daveyjp
Quite a few purchasers 'buy' at auction at risk and never actually complete.
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Sun 22 Dec 2013 12:51
Right of way onto private land - Ben 10

I thought they had to go through if their bid is accepted as the hammer fell. At what point can they pull out without forfeiting legal bills or compensation? Don't they have to deposit a percentage of the sale price?

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Sun 22 Dec 2013 14:40
Right of way onto private land - daveyjp
They lose deposit, but some buyers are happy to do so if completing will see them losing more money.
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