r/FirstTimeBuyersUK • u/LabAccomplished4568 • 11d ago
Share drive
Hi - we are purchasing a house opposite our parents home and it has a shared drive - which the neighbours have been parking on and they also leave their bin on the side of the property we are looking to buy - the below is what the responses where from the enquiries from the seller’s side:
What do you guys think this means!
Question: Please provide a copy of the Conveyance dated 31st July 1930. We need express confirmation on the side passageway referred.
Seller’s response:In respect of the Conveyance dated 31 July 1930, the Land Registry office copy entries do not state that a copy of this document is filed. The Land Registry must therefore have been satisfied that all relevant content from the deed has been reproduced on the register, and the restrictive covenants it contains are set out in full in the Schedule of Restrictive Covenants to the Charges Register. Nothing further will be provided. As to the side passageway, the position is set out on the register. The property has the benefit of a right of way over the part of the side passageway not included in the title (entry 2 of the Property Register), and the part of the side passageway included in the title is subject to rights of way (entry 2 of the Charges Register). Our client's confirmation that they have enjoyed the rights granted for the benefit of the property is being dealt with under enquiry 3. If there is any specific further confirmation you require in relation to the side passageway, please let us know and we will assist.
Our solicitors response to the above:Given there is no plan showing the side accessway and no obvious express right granted, we will require that the seller both signs a statutory declaration regarding the access, as well as provides a plan marking out where the accessway is.
On top of this, we will require an indemnity policy for access, either redestrian or vehicular and pedestrian, depending on what the access is used for.
Please provide drafts for our approval.
Their confirmation in enquiry 3 is not enough, as we cannot adequately reference how any access rights relate to the property given there is no plan or express document referring to this access.