Private right-of-way examined for Conveyancing in Newton Aycliffe

Newton Aycliffe home sold

Conveyancing Solicitors in Newton Aycliffe know that, in rural areas, not all roads are adopted as public highways. If a road is adopted, then everyone can use it and it will be maintained and repaired by the local council. However if a house is not served by a public road, the buyers’ Conveyancing Solicitors have to check that the house has the benefit of a legal right-of-way.

Acting for the buyer of a freehold house in Aycliffe Village near Newton Aycliffe, County Durham, Conveyancing Solicitor Serina Abay discovered that the house did not directly adjoin a public road. The sale had been arranged by agents Robinsons Fine & Country office.

A right-of-way is a legal right over someone else’s land, and falls into the category of legal rights known as ‘easements’. There is a large body of law relating to such rights, as they often give rise to litigation. From the Conveyancer’s point of view, it has to be clear that at some point the owner of the land over which the access runs has granted a legal right-of-way to the owner of the house being acquired.

The best possible evidence of the existence of a legal right-of-way is an entry in the land registry’s title register confirming details of the right. This will mean that the land registry has checked that the right was properly granted, and they should also have made an entry in the title of the land over which the access road runs that that property is subject to the right.

Enquiries also have to be made as to whether there have been any disputes about the use of the access, and whether the seller has had to make any contributions to maintenance costs. Even if a legal right exists, someone might have tried to block it. Arguments also often arise over the maintenance of private roads. A road might serve a farm or some industrial premises and will be used by heavy vehicles, which cause damage to the surface. Anyone who has the benefit of a right of way can repair the surface, but getting other users to contribute to maintenance is another matter. Although all users should (in theory) contribute to maintenance costs, it can be difficult to enforce this.

A copy of the land registry title for this property was supplied by sellers’ Conveyancing Solicitors Hewitts of  Suite 5, Avenue House, Greenwell Road, Newton Aycliffe, County Durham DL5 4DH. This showed that the property had the benefit of a right over an access road as shown on the plan attached to an earlier transfer deed, at the time when the house had first been built. A copy of that transfer was obtained, together with a coloured copy of the plan. Enquiries of the sellers confirmed that they had not had any problems using the access, and had not been asked to make any payments towards maintenance costs.

When Serina reported to the clients, she advised them that they should check the condition of the access road, as they couldn’t assume that any other users would be prepared to maintain it or contribute to maintenance costs. The buyers were satisfied that they would not have a problem as the road was in fact in good condition, so they agreed to go ahead with the purchase.

The local search with Durham County Council confirmed that the road to which the access road connected was an adopted public road.

Serina was therefore able to arrange an early exchange of contracts, and completion of the purchase took place soon thereafter. The buyers were very happy with the service they had received and were grateful that their Conveyancing Solicitor had taken the time to make enquiries about the access road and to explain the details to them.

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