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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10773
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We are a bit worried about a lack of a right of way (benefit

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We are a bit worried about a lack of a right of way (benefit of over another property). There is a note on the title that says 'the other rights expressed to be granted by the deed are included in the registration only so far as the grantor was entitled to grant them. Evidence produced on registration did not show whether the granted owned the servient land or had sufficient rights over it to make the grant'
The deed is dated 1967
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
The Land Registry wording, as I am sure you have worked out, is confirmation that the Land Registry did not receive any evidence in 1967 from whoever granted the right of way (ROW) that they actually owned the land on which the ROW was granted.
As it stands, therefore, there is a question mark as to whether the grant of the ROW for your property is valid or not.
In situations where there is no validly granted ROW, the property with the benefit of the ROW automatically acquires a ROW "by prescription" after the owner(s) have exercised the ROW for 20 years or more, without dispute.
I am not sure how long you have lived in the property, but if you have been there for 20 years or more, you have little to worry about, in that as and when you come to sell, you would normally just need to sign a Declaration to say you have had the benefit of the ROW for 20 years, and this will satisfy your Buyers Solicitor.
If you have not lived there for 20 years yet, ideally your Solicitor should have obtained a similar Declaration from your Seller, so the 20 year period to acquire the right began ticking when your Seller purchased.
If you are unable to provide Declarations spanning 20 years, you still do not have too much to worry about, provided there is no dispute over your use of the ROW. This is because your Solicitor can obtain an indemnity policy, which acts as an insurance policy for your Buyer, to cover any future dispute concerning the ROW. Such a policy can be issued where the party has used the ROW for 12 months or more, without dispute, and is likely to cost a one off payment of between £150-£250 depending on the value of your property.
I hope this helps you and sets out the legal position.
Kind Regards
Customer: replied 3 years ago.

Thank you. It's a property we're buying. So we should ask for a stat dec and indemnity insurance?

Thank you for such a detailed reply it's very appreciated and helpful

Thanks for your reply.
In an ideal world, you should obtain both!
Good luck.
Kind Regards
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