Hello. Your buyers solicitor has probably done a search with the local council which shows the road is not adopted. You should ask them to send a copy to confirm. If it does confirm this, you need to demonstrate that the road has been used to access your property for at least 20 years. if this is the case, than then you can claim the necessary rights through prescription (long use). this won't solve all of the buyers problems however, as they may still be concerned about maintenance liabilities for the road. However, your buyers lender should be satisfied that property has all necessary right of access.
Coupled with an indemnity insurance policy, i think we should be sufficient.
It might also be that your property does have a full right of way, but I expect ypur conveyancer has already checked this.
Thanks. There is no doubt that the road is not adopted. The property was built 18 years ago so the twenty year rule does not (yet) apply. The assertion my neighbour is making is that the unadopted road on which we front has been designated as a highway by the council and that therefore we do not need additional rights of way over it to the nearest adopted road. My query was really to establish whether this makes legal sense?
Thanks - I suspected as much.
Would you expect the lender to be satisfied then with the indemnity insurance for 'absence of easement'? There seems to be a view that they won't be, but no reasons have been given.
Parts of the road have been used for well over twenty years. Our property is one of three houses built 18 years ago on the plot of what had been a much larger and older house. Proving that the road had been in use for much longer than twenty years is probably not too hard - but do the rights apply to the three new properties sitting on the old plot?