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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10630
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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if a property vendor fails to disclose informal access rights

Resolved Question:

if a property vendor fails to disclose informal access rights to a property to a purchaser do those access rights disappear or do they continue. they are not registered.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Could you give me a little more informaion please- could you explain exactly what the right is and do you know how long your Seller and any previous owner of the property has been exercising the right?

Thanks

Al

Customer: replied 2 years ago.

the right is to use a car park area granted some 8 years ago by the previous owner of an estate which owns the car park area to a resident of adjacent land. the grantor has since sold the estate and the new owner is demanding a licence fee or absent that refusing access.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply. Do you know if your Seller was granted any form of Lease/Licence to use the car park area? If so,for how long was the term of the agreement?

Al

Customer: replied 2 years ago.

nothing formal/written.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

As there was no formal written agreement, your Seller would only have had what is called a Licence agreement. A Licence is an agreement between 2 parties which does not grant any longstanding rights but is merely an agreement to allow a party a right of some nature for as long as the other party is willing to grant such a right.

Therefore, this right could have been terminated at any time by the owner of the car park and it would not have been possible for your Seller to transfer this right to you, as the agreement was personal between him and the owner of the car park.

As such, the fact he did not disclose this "right" to you does not really alter matters whatsoever, because even if he had, you would not have been able to acquire the right to park in the car park and you would have had to have sought the consent of the car park owner and agree your own Licencne with him.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

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