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 Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10176
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

I purchased the freehold garage in a block near my

Customer Question

Hi, I purchased the freehold for a garage in a block near my house when the years on the lease of it became low. I am now in the process of selling my house and it has been highlighted that the access I had to the garage under the lease agreement had not been transferred when I purchased the freehold. I am now being held to ransom to acquire a deed of easement which seems unfair as I originally had the access & assumed it would come with the garage when I bought it. The road up to my house & the garage has been in use for over 40 years so I can not be denied access but prospective buyers want documentation that shows there are access rights in place.
Submitted: 7 months ago.
Category: Property Law
Expert:  Aston Lawyer replied 7 months ago.
Hi,Thanks for your enquiry.The current law is that if you have purchased the Freehold interest, the rights under the Lease remain in effect for however long those rights were granted under the Lease (ie the right of way continues until the end of the Lease term).I must say, that in your circumstances, it would be common for a Buyer to accept what is called a Lack of Access Indemnity Policy, which protects them against any party trying to stop them from using the right of way. All Mortgage Lenders would accept such a Policy and 95% of Solicitors would do also. The cost of a Policy depends on the value of your property but is likely to cost between £100-£250 at the most.Has this avenue been explored?(I certainly would not expect a Seller to go to the expense of paying for a need easement!)I hope this assists.Kind RegardsAl
Customer: replied 7 months ago.
My solicitors response;Yes but your previous buyer would not accept indemnity insurance. Insurance can only be provided where the persons entitled to prevent the use have not been contacted. As we are in communication with these people over the Deed of Easement any insurance would be invalid.
Expert:  Aston Lawyer replied 7 months ago.
Oh! Did you make contact with the owner or did your Solicitor approach them over the Deed of Easement?Al
Customer: replied 7 months ago.
The last buyers, who has now drooped out said they would only accept a deed of easement. so we started this process but have only got to the costs stage. I have not agreed to go through with it.
Expert:  Aston Lawyer replied 7 months ago.
Hi,Well, your Solicitor is correct in that an indemnity policy would not be invalid due to you having correspondence with the owner of the right of way.I am afraid therefore, there is no other magical solution to your problem, other than obtaining a Deed of Easement, if a Buyer asks for it. The alternative would be for you to provide a statutory declaration confirming you have always had the free use of the right of way, or find another Buyer who is not fussed as regards ***** ***** know it is no comfort, but I really do think you were ill advised as regards ***** ***** Deed of easement.Sorry I could not give you a better answer!Best WishesAl

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.