Conveyancing Solicitors check home in Coventry has legal access

Solicitors in Coventry may find that a house does not front onto a public highway. Most homes in Coventry are located on adopted roads which are public rights-of-way. But when that is not the case, enquiries must be made to check that the homeowners have a legal right to use any private roadway connecting the residence to a public road.

In May, Coventry Conveyancer Irene Bonsu-Amoako acted for the sellers of a semi-detached home on Poole Road, Coventry CV6. The buyers' Solicitors in Coventry were Penmans of 17a Queens Road, Coventry, CV1 3DH.

When they received the result of the usual searches with Coventry City Council at Earl Street, Coventry, CV1 5RR, they found that although Poole Road itself was a public highway, the little cul-de-sac where the house lay was not adopted. The buyers' Property Lawyers asked for confirmation that the owners had a right of access to their property, so Irene looked at the information in the registered title.

This showed that the residence was originally owned by Coventry council, and had been purchased by a previous tenant under 'right-to-buy' legislation. A copy of the transfer to that tenant was obtained but it did not mention any specific right of way. 

Rights implied on sale of council homes

As the house had been sold under the Housing Act 1985, the necessary rights to use the roads and paths retained by the council were automatically included. The Act contains provisions which incorporate all necessary legal rights, including all rights of support, passage of water and services etc., as are necessary for the use and enjoyment of the property, even when they are not set out in the transfer deed. 

Consequently the owners of the house were entitled to use the roads and paths on the council's retained land even though the original transfer did not mention them.

Irene drew this to the attention of the buyers' Conveyancing Solicitors in Coventry. They were satisfied that this presented no concern for their clients, and completed the purchase without further delay.