ChatterBank0 min ago
ransom strip
bought a house 7 years ago turns out it has a ransom strip across drive to garage .should conveyancing solicitor have found this at time of purchase
Answers
1 to 2 of 2
Best Answer
No best answer has yet been selected by donetello. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
In principle yes. The solicitor should have checked the title and ensured that you had full title from the public highway (assuming the house and garage lead off a highway). If the access is over other privately owned land, then the check should have been more careful, to ensure you had a full right of way over the land.
Ownership of access arrangements (particularly for older properties) can sometimes be complex and difficult to disentangle, but if this was the case you should have been warned in writing before you went ahead with the purchase.
If you now have to pay to retain the access, it may be that you could have a claim against the solicitor.
Ownership of access arrangements (particularly for older properties) can sometimes be complex and difficult to disentangle, but if this was the case you should have been warned in writing before you went ahead with the purchase.
If you now have to pay to retain the access, it may be that you could have a claim against the solicitor.
Do you have a right to cross the strip ("easement") in title deeds? If so, it's not a ransom strip but just a nuisance.
How long has house been in place with the problem? If use of strip exceeds 20 yrs min. (preferably 40 yrs), even though several successive owners, you might have claim to easement by long user under the (still valid) Prescription Act 1832!
How long has house been in place with the problem? If use of strip exceeds 20 yrs min. (preferably 40 yrs), even though several successive owners, you might have claim to easement by long user under the (still valid) Prescription Act 1832!
1 to 2 of 2
