When buying a property, one’s conveyancing solicitor will carefully check that the freehold or leasehold property title will give the client the security and necessary rights to enable the property to be enjoyed without interference or later claims by others.
The right of access to the property from the adjoining road or highway is something that many take for granted, especially if the local authority search confirms that the adjoining roadway is maintained at public expense. It would be a nightmare to later discover that a small strip of land between the property and the road in fact belonged to someone else who could prevent access.
To avoid pitfalls, careful attention to detail is vital especially when checking the title and plan of the property. If, as occasionally happens, it appears that the property boundary does not extend all the way to the public pathway it is important to establish who owns the strip concerned, to avoid any future ransom being charged to cross that strip.
How dreadful it would be to discover when it is too late that one has no legal right to come and go into ones own property.
Rectifying problems. Where it is not possible to identify the owner of such a strip, it may be possible to take out a single premium indemnity insurance policy to protect loss in value if the matter of access becomes a future problem. If the access over the strip has been used without interruption for many years, it may be possible to acquire rights over it by prescription.
A definition search with the highways department would provide finer detail of the extent of the highway actually maintained as a public highway and may solve the problem once and for all.
Moving house is said to be one of the most stressful things along with divorce and bereavement, so it is important to know that when buying or selling, or both, the process will be handled efficiently. Regular communication with the client and updates as to progress is vital in helping to ease the stress and help the smooth running of a transaction.
Experienced lawyers such as those at Hodders Law will carefully consider all practical and legal matters before exchange of contracts and give all due care and attention to detail, so that a property buyer can be secure and satisfied that future selling of the property is not hampered.