How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I am trying to buy a piece of land. I have been through the

Resolved Question:

I am trying to buy a piece of land. I have been through the process of contacting the TSO and they have sent it on to the Crown solicitors. The Crown solicitors say that I would need to buy all the unregistered and owner less land. This in clues the private road. What should I be aware of if I try to purchase the land with the private road.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

What is your concern about the private road in particular?
Customer: replied 3 years ago.

I live opposite the land that I wish to purchase. The land is used as a dumping ground and I wish to clean it up. There is also a small woodland which has not been managed for many years with fallen trees. I tried to trace the owners but found that it was last owned by the property development company that built some of the houses. The company was dissolved. I found a copy of the conveyance when the property was sold from the then British rail to the property company. I then approached the TSO with all the information after a lot of time and further research they disclaimed it and sent it on to the Crown Solicitors. I have expressed an interest in the land to them. However they say that the road and some drive ways are owner-less and I would have to purchase the road along with woodland. There is a tenants group who contribute to the maintenance of the road. My main concerns are What would be my liabilities and responsibilities if I were to take on the ownership of the road. Also when dealing with the Crown solicitors would I be bound to go through with the sale as I have no idea as to how much a road would be and am of limited means. I hope this clarifies things a little I realize that it is a very complex the process of escheat .

Expert:  Jo C. replied 3 years ago.
The fact that you are dealing with the Treasury Solicitor makes no difference.
They are selling a you and you are buying and the sale/purchase process is exactly the same as any other piece of land or property.
Until such time as you have exchanged contracts you have no liability to continue if you do not like the terms or the price.
The Treasury Solicitor/Crown Estates is at liberty to charge what price they like and is also at liberty to sell what parcels of land they like in exactly the same way that any normal seller is.
So, if they say that if you buy the land you must also buy the woodland and you must also buy the road then that is what you must buy although there is nothing to stop you selling parts off later if you wished provided there is no covenant or overage provision in the contract that would prevent that.
If you then owned the road and the land you obviously need to have it insured to make sure that you are covered for any third-party liability.
There is a doctrine of mutual benefit and burden which says that anyone who has the use/benefit of something also has the burden of repairing it and in that respect you would be responsible for repairing the road and collecting the money in respect of the repairs from those who use it, in proportion to their use.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you