Acting for the seller of a cottage in Southview Terrace, Baildon, Bradford, West Yorkshire BD17 Conveyancing Solicitor Catherine Williams was somewhat surprised to find that the road at the front of the property was not a public highway. That is an unusual situation for Conveyancing in Bradford, but fortunately there was an answer to the buyer’s concerns about access.
Most houses in towns front directly onto publicly maintained roads, and so would have no difficulties with access. However Property Lawyers undertaking Conveyancing in Bradford do sometimes find that a road or path leading to land crosses land which is privately owned by other landowners. Therefore the occupiers will need to have a legal right of way to be able to get between their home and an adopted highway.
Catherine had obtained local searches from the local land charges team of Bradford City Council at Jacobs Well, Bradford, BD1 5RW. In reply to the question as to which of the roads and footways named in the application are highways maintainable at public expense, they had replied:
“South View Terrace - no
The Brow – public footpath No. 29
Bank Walk - Yes then becomes public footpath No. 44
Rear access – no”
Southview Terrace is a cul-de-sac, and it was clear from the above information that the public were no entitled to use it. The Conveyancers acting for the buyer therefore enquired on what basis the sellers could get to the dwelling. They also wanted to know what rights existed for other services such as drains which also crossed private land.
Catherine was able to refer them to various entries in the registered title, as follows:
“The land has the benefit of . . . but is subject as mentioned in the Conveyance dated 3 November 1906 referred to in the Charges Register in the following terms:-
Together with (in common with the Vendor his heirs and assigns and all other persons for the time being entitled to similar rights of way for the Purchasers in common as aforesaid to pass and repass over the whole of the new footpath new made on the South East side of the hereditaments hereby conveyed and also in common as aforesaid the right to use the water pipe now laid under the said street Reserving nevertheless unto the Vendor similar rights of way sewerage and other easements to those hereinbefore granted and liberty and authority to enter upon the said premises for the purpose of constructing opening and repairing the said street and new footpath and sewers and making connections therewith and the right to grant to any person or persons whomsoever rights similar to those hereby reserved subject to all rights of way light and drainage and all other easements (if any) as are now subsisting thereon or thereunder and particularly subject to the right to Rule upon her heirs executors administrators and assigns the owner or owners for the time being of the hereditaments and premises on the South West side of the said larger plot of land to the use and enjoyment in common as aforesaid of the sewer and water pipe now laid under the said street. "
This showed that the premises had the benefit of proper legal easements which would mean that no-one could stop the use of the cul-de-sac. The buyers were therefore happy to complete their purchase, and Catherine’s clients were pleased that their Conveyancing in Bradford had been completed without difficulty.
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