Solicitor Recommendations for access/right of way

[ChrisW]

Afternoon all. I am looking for any recommendations for good solicitors or lawyers in the Nottingham or Lincoln area in the East Midlands that I can pass to my in laws. Looking for a company/individual who specialise in rights of way/access/prescriptive rights of way for homebuilding, etc who won't mind doing a lot of digging to try and get to the bottom of something they have been trying to establish for a long time. We have a full pp for a plot in their garden but the right of way granted over an access lane owned by others is not up to it in our solicitors opinion, who is a land specialist. The in laws realise they need a better solicitor to deal with it as there is more land that could be plots in the future potentially landlocked. We have some options up our sleeve suggested by our solicitor but we want the in laws to get the best advice.There is a very long history in the land which seems to have put it beyond their solicitors to deal with defectively. There are so many listed it seems like pot luck picking one.

 

Thanks in anticipation

[Mr Punter]

As your solicitor is a land specialist, are they able to suggest someone to give further advice?

 

If there are others who have rights or ownership of the land and they claim that you do not have RoW it could be very expensive / lengthy to resolve.

[ChrisW]

We are waiting for some suggestions from our solicitor, but in laws are old school and worry they work in league..... despite working for the same outcome and having professional standards etc. We have already passed on his advice which they don't like!! I am not hopeful of a good outcome but at least this part they are paying for.

[Mr Punter]

Would Absence of easement insurance work for you?

[ChrisW]

Is that the same as an indemnity insurance policy? Our Solicitor feels that as the lane owners are aware of the application and have said we don't have a right of way that indemnity would not necessarily work. He feels the best way is to try and reach agreement or do a deal on limiting future development, sadly in laws are not up for that. Their solicitors were supposed to  gain a prescriptive right of way that enabled our house to be built and use the access but it ended up being worded such that any use by a new dwelling was questionable in law. Its a real pain and we have spent the last year trying to get them to engage with their solicitor to sort it out, so potentially them deciding to look for a new one is a start. Long term history is that the lane provided access to a number of fields and one of them had houses built on. The lane in question was a "Green Lane" or Occupation Lane" not owned by anyone, which was their understanding after research some 30 years ago, even from solicitors letters we have seen dating back about 40 years seem to say as much. And then the lane was somehow bought, and they cant understand how that happened. As i say its long and complicated and far from over in their eyes.

[Mr Punter]

Do not offer to pay to use the right of way!

 

7 minutes ago, ChrisW said:

Is that the same as an indemnity insurance policy

 

Just google Absence of easement insurance

[Temp]

28 minutes ago, Mr Punter said:

Would Absence of easement insurance work for you?

 

I think lack of Easement Insurance only works if the owner cannot be traced. It covers you against the owner turning up and asserting his rights. So very much doubt it works in this case.

 

12 minutes ago, ChrisW said:

Their solicitors were supposed to  gain a prescriptive right of way that enabled our house to be built and use the access but it ended up being worded such that any use by a new dwelling was questionable in law.

 

That sounds like they might have a claim against their solicitor. Finding someone to take on that case could be difficult though.  Edit: Google suggests there are a few specialist companies that will take such cases.

Edited January 30, 2021 by Temp

[Mr Punter]

5 minutes ago, Temp said:

I think lack of Easement Insurance only works if the owner cannot be traced. It covers you against the owner turning up and asserting his rights. So very much doubt it works in this case.

 

No.  I think the parents would be covered:

 

1) Absence of Easement Indemnity Insurance

The Absence of Easement Indemnity Insurance is an insurance policy used when part of the property or private land abutting the property does not have the necessary legal rights over private land abutting the property so the purchaser cannot enjoy the rights necessary to occupy the land. An example might be where there are no rights of access to get to the property over private land abutting the property, or where services which are private or cross private land serve the property.

For at least 12 months before the policy is put on risk, the right must have been exercised unchallenged. It may also be necessary to obtain a statutory declaration from the seller confirming the position throughout their period of ownership. Once the policy is put on risk, any financial losses which occur during the time that the use of right was being challenged, the policy provides compensation.

[Temp]

+1 

 

The existing house might be able to get a policy but it sounds to me like that one doesnt have a problem, I was thinking about the new/proposed house and the other potential plots.

[MoDo]

Hi @ChrisW did this issue ever get resolved?

In a similar situation, where the road at the rear of a family owned house was sold by the council to a housing association. The family has used the road for as long as anyone can remember - including for vehicles as there is an old row of garages that they used to let out. 

We have planning granted to build in the garden, demolish the garages and intend to use the private road as we have done until now. 

We would still rather not approach the housing association for an easement (nothing in the deeds) even though we would likely get one eventually, because it would at the least cause a significant delay. 

I managed to get a quote for an Absence of Easement policy which I would be happy to rely on (though my solicitor, less so). However neither option solves the issue of making new connections under the road for utilities.

 

So, if you did rely on an indemnity policy, do you have any feedback? 

 

Thanks