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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10490
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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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: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year 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 1 year 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 1 year ago.
Oh! Did you make contact with the owner or did your Solicitor approach them over the Deed of Easement?Al
Customer: replied 1 year 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 1 year 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

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