CREATING A RIGHT OF WAY TO A PROPERTY OR LAND

Sometimes during the process of buying or selling a property unexpected problems arise. This is why using an experienced conveyancer, who has the knowledge and experience to find and negotiate a solution, is a wise choice. In this case we helped a seller secure the right of way to his parking space. 

Bretherton Law’s Residential Property team was instructed by a local resident to sell his house, which had its own parking space to the rear.  Investigations revealed that there was in fact no legal right of way to the parking space.  Since the house was unregistered it was possible that in the past, the document granting the right of way had been misplaced or destroyed.  We immediately submitted the Title Deeds to the Land Registry and applied for first registration of the property. In addition we filed an application for a prescriptive right of way, as our client had been using the parking space for over 20 years.  At the same time we contacted the owner of the land over which the right of way runs to seek his assistance in resolving the issue.  He was initially uncooperative, until we checked his title and found that he was actually using a parking space that was on our client’s land.  Once this was pointed out to him he agreed to assist and our client was able to sell the property with the necessary right of way to his parking space confirmed.

Our conveyancing case studies highlight the need for all parties in a property transaction to be vigilant. Putting your affairs in the hands of professional and experienced conveyancing solicitors will go a long way in avoiding delays and costly mistakes.

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Bretherton Law have been serving the people of Hertfordshire for over 50 years. Our team of experienced Property Lawyers will ensure that whether you are buying or selling, the conveyancing process will run smoothly and professionally. We offer a same day response promise as well as fixed fee quotes. Bretherton Law are accredited under the Lexcel legal practice and the Law Society’s Conveyancing Quality Schemes. Call 01727 869293 or use the web contact form.