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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10458
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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we purchased a house in 1997 and as far we were aware three

Resolved Question:

we purchased a house in 1997 and as far we were aware three other houses had access across our driveway to a lock gate. Each house had a key to the gate which gave a short cut through to the town we also have access over their driveways to our property so it seemed reasonable.
However a former school building was converted into eight flats and the builder gave them a key to the gate and told them they had access to it and the flat owners say it is in the deeds but i can not see it on ours, could it have been granted after our purchase and is that legal. Should we have been consulted as this has been done after we signed contracts
kind regards
ian
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

On the basis that you own the driveway, there is no legal way that a third party (ie the owner of the Flats) could have obtained a right of way over your drive post 1997 without your consent.

I am therefore thinking that the former school land does have a historic right of way over your driveway.
As with all rights, these "attach" to land rather than the individual properties built on it. So, if historically, the school land had a right of way over your driveway, this would still apply and benefit the new 8 Flats.

If there is such a right of way, this should be referred to in your Deeds. Specifically, it should be noted in the Charges Register of your Land Registry Title.

I therefore suggest that you check this or ask a local Conveyancing Solicitor to assist.
When you purchased the property in 1997, your Solicitor should have disclosed this historic right of way to you.

I hope this assists you and sets out the legal position.

Kind Regards
AL
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