A house without any means of accessing it would hardly be worth buying, but without a diligent lawyer, this can happen - and can lead to months of legal wrangling and significant expense.
How access may be restricted
Conveyancing Solicitors in Milton Keynes should always check that properties have direct access to a public road, or a private right of way. However, roads serving newly-built homes are often not adopted as public highways at the time when the property is first sold, and it may be some time before they will be taken over by the local council.
When acting for the buyers of such properties, Conveyancing Solicitors in Milton Keynes ensure that the developer has built the estate roads to adoption standard. They also check that they will then be taken over by the local authority without further expense to owners.
A Conveyancing Solicitor in Milton Keynes investigates
Conveyancer Dawn Thomas was acting for Mr and Mrs Y on their purchase of a detached home on Bewdley Grove, Broughton, Milton Keynes, MK10. She found that it had been built in 2005, but a search confirmed that Bewdley Grove had not yet been taken over by the council, so further enquiries were necessary.
Agreement with Milton Keynes Council
Dawn asked the sellers' Conveyancing Solicitors in Milton Keynes to provide copies of all the planning consents and other documents which would have been obtained when their clients first bought. These included a copy of an agreement under S38 of the Highways Act 1980 (as amended). The agreement had been made between Lodge Park Ltd and Barclays Bank Plc with Milton Keynes Borough Council, and provided for the estate roads to be built by the developers, and then be adopted by the council.
It might seem surprising that this had not been done already, bearing in mind that the property was five years old. This is, in fact, not uncommon with large developments which may take some years to complete. In the meantime, the buyer could rely on the existence of the S38 Agreement.
The transfer to the sellers also contained an express grant of rights of way over the highways and paths on the estate, until such time as they became publicly owned. Dawn was therefore happy to advise her clients that they could use the estate roads until they became public highways, and when that happened they would not be liable to pay anything.
Fridaysmove's recommended Conveyancing Solicitors in Milton Keynes leave no (paving) stone unturned when searching for evidence of unadopted roads, contentious access rights, or any other legal issues which may effect their client's future home.