Help! - Property advice needed

Hi there, I'm after a bit of advice. My brother owns an end of terrace property, with shared access to the rear along a drive owned by the next door neighbours. The trouble is, he is being forced to sell due to a work move to a town miles away, and his company are purchasing the house (at a pretty low price forcing him into about ten grand of debt), part of the reason for the low offer is that the neighbours are refusing to guarantee access to the rear of his property (where the garage is).

A solicitor is saying that there has to have been access proved for the last 20 years before he can guarantee it in perpetuity, my bro has only been there 15 years.

Noone knows where the original deeds for the house are which I am sure had the access mentioned as being guaranteed?

Last but not least, he is a disabled ex TA bod as well as my brother, one of us, not having the best of times, so any advice would be mega welcome.
what about the land registry?


A quick and dirty reply (I need some kip!!).

Normally there will be what is called an 'easement' granted from the next door which is protected by a grant of easement and is a registerable right. You will have to look at the deeds or conduct a search (which you will have to do anyway if you sell under the dreadful Home Information Pack (HIPs) system). I suspect your solicitor may have advised you about this already - but go to another solicitoir or CAB if you need more help.

The 20 years thing is if you have enjoyed right of access WITHOUT permission (and some other requirements) you get what is called rights by prescription. there are other ways you can obtain an easement, too complicated to go into here - but it is not over yet and help may be available.

It is always worth checking you credit card/bank account details for legal insurance to see if they can assist too.

Sorry for brief response but I think a search at the Land registry is vital as is somemore advice following the same.

Good luck and all the best.
Cheers guys, only just been made aware of whats going on, so thank you all. I'm onto the Land Registry types now!

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