Access issues on my new croft

[Libertinedreamer]

Hi,

 

Looking for some guidance here from people in the know. Just completed on my new Croft and was working on it when my neighbour came over to me to inform me that my access road, which goes over his Croft cannot be used any longer and I need to cut my own access road. 
 

When I had the missives done. The access road was mentioned but my solicitor said that as it’s the same landlord there should be no issues. 
 

My neighbour is pretty adamant he has raised this with the solicitor (assuming sellers solicitor) and he was told to speak to me when we complete…

 

To me the access road has been in for a long time, I’m pretty sure I could get granted permission to keep it but I don’t want to fall out with my neighbour on day one or incur an extra cost when you pay a solicitor to sort these things for you.

 

Anyone has anything similar? That can offer some advice? Cheers

[nod]

Your solicitor is clearly to blame Even if the neighbor is fine with you using his road That can quickly change 

 

If it is at all possible to cut your own access I would do that Your right not to want to fall out with your new neighbors But that might be inevitable if you can’t cut a new access road 

 

I’d want some answers from your solicitors 

[joe90]

8 minutes ago, nod said:

Your solicitor is clearly to blame

+1, ask them to clarify the situation in writing.

9 minutes ago, nod said:

Your right not to want to fall out with your new neighbours

Again +1, tell him the solicitors are to blame but you will do what you can.

[dpmiller]

Does your neighbour own his land/ what rights does he have to it?

[Libertinedreamer]

6 minutes ago, dpmiller said:

Does your neighbour own his land/ what rights does he have to it?

He is a tenant crofter like me.

[Libertinedreamer]

23 minutes ago, nod said:

Your solicitor is clearly to blame Even if the neighbor is fine with you using his road That can quickly change 

 

If it is at all possible to cut your own access I would do that Your right not to want to fall out with your new neighbors But that might be inevitable if you can’t cut a new access road 

 

I’d want some answers from your solicitors 

Yeah, I suppose my issue is, if I was informed of the issue I would have negotiated a cheaper price to allow for the costs of the new access roads. Feel like I’ve been duped a bit. 
 

 

[ProDave]

Definitely go back to your solicitor.

 

2 possibilities.  You do have a legal right over the the track for access and the neighbour is just being cheeky as he would prefer you to have your own access.

 

Or the solicitor slipped up and did not realise or did not point out to you that you do not have a legal right of access and you should cut your own track.  Then the conversation gets awkward......

[Russell griffiths]

I know nothing about how this crafting thing works. 
but owning various plots of land over the years I would say you should put your own track in. 
you can never be fully in charge of your destination if you are relying on access through another person’s property, it will always have some further implications one day. 

[Alan Ambrose]

If you asked me to guess, I would think that the landlord is in control of access roads. Would an enquiry to the landlord help?

[Galileo]

If all the land involved is within one ownership, this would be something to take up with your landlord. The owner of the croft, not the tenant, is the one that deals with rights of way and deeds of servitude in their title.

 

However, from your post it would seem that like myself you're an owner-occupier of your croft, and not a tenant? I have the title deeds that explicitly state my rights to build a track over of a neighbour's park, a small section of it:

 

Quote

a servitude right of wayleave and access in favour of the
Grantee both pedestrian and vehicular over Property A for the
purpose of (a) constructing an access track or road with verges and
associated stockproof fencing and gates over the route tinted brown
on the Title Plan or over such other five metre wide route as may
be approved of by me or my successors in ownership of Property A
and (b) inspecting, maintaining, repairing, renewing, upgrading
(including the surfacing of the access track or road with
tarmacadam), reinforcing, strengthening and replacing the said
access track or road and any associated verges to be constructed as
aforesaid over Property A;

 

If this route has always been the way the croft was accessed before the sale, and it is not mentioned explicitly in the title, then inheritable rights can still come into play. If you are now an owner-occupier than, as others have suggested, back to your solicitor, as access rights to the land is pretty key, and if not mentioned in the title deeds at all suggests someone has dropped a ball somehow. In fairness, as you will have a right of access even if not spelled out in the title as an inheritable right, that might have been presumed, but I would still suggest it a bit sloppy to not take the opportunity to place the deed of servitude explicitly in the title at that point.

 

Without this access route to my own croft, which due to land sales had become cut off from the road over the years, was only accessible via boat, and at 200 metres (self dug) was the best part of £7k worth of stone, so well worth having a fight over an existing route.