Question About Land Access

[Matt Vandart]

I have a quick question about land access for clever solicitor types (mines away atm)

About 7 years ago I sold a house but kept the access lane that ran down the back of three houses.

1st house along owned by a chap but he can access his property without crossing my land.

2nd house the one I sold to a mate and had a verbal agreement that he could use it for access and to store a skip for his business.

3rd house my birds fathers house, the main reason I kept the lane to stop anyone denying him access and in the future my bird is gonna inheritthis house and I dont want any problems for her.

Anyway My mate is selling the house I sold him, in fact he's signed the deeds or whatever.

Here is the catch, I hate his f**kin missus, she's a bit of a twat, my mate doesn't want to move he's happy to stay there for the rest of his life, he likes the kids school, his kids have loads of mates etc and he doesn't want to move etc.

Now about 2 years ago me and him were talking about the lane and I made him an offer that if he put a new roof on my current houses' kitchen extension I would give him the lane signed over and that.

He was all up for it, but his bird put the kibosh on it (hence she is a twat)

Now they have sold the house and I wasn't contacted at all about access either by their solicitor or personally which has pissed me off a bit.

Where would you say I stand in terms of being a fanny about it all, to help my mate out, seeing as my mate is really pissed off about moving (he really doesn't want to) and a tidy bit of petty personal revenge against his twat of a missus?

A few notes, I own the land outright.

Went and seen his bird today about why I wasn't contacted and she mumbled something about a 'signed indemnity'?

Any ideas in general?

Edited September 16, 2011 by Matt Vandart

[isitafox]

From what I can make of it you gave your mate a verbal agreement he personally could use it as access to his house, this however doesn't carry over to the new house owner so technically they have no access to the rear of their house without contacting you first for permission.

Therefore the only way you could be a fanny about it would be to get hold of the new owners and inform them that should they go through with the purchase they have no access to the rear of there new house and you have no plans to give them access. They may decide to pull out of buying the house if this is the case which would be good for you, your mate and his kids and probably really f**k his missus off.

I could be wrong but it's worth a try!

[PaRtZ]

^^ Yes, this seems the good answer

What actual evidence could your mate (or more likely your mate's missus) present a court that says they have access to their house? If none, (bare in mind 'he said so' doesn't wash) you should be ok

[Muel]

Personally I'd talk to your mate about it, and meet with him and the new owners to work out a new deal. Something like, they can have access to their house if they don't f**k you or your father in law around.

Petty revenge on your mates missus, or a decent relationship with your father in laws neighbours?

[sfboy]

If you didn't sign anything, then I don't see what the signed indemnity business is about, unless there was something written into the contract about access when you sold your mate the house in the first place.

The solicitors of the new buyer should have flagged the access to the new buyer issue during the initial searches that are performed, if this has yet to be performed they may pull out, which they can do until contracts are exchanged (or maybe that's what you mean by signing deeds).

The crux of the matter seems to be that your mate needs to man up to his missus, surely if she's the type to stick her oar in about the kitchen roof, she'll kick up a fuss if there's funny business about the access and sees you are responsible.

Surely the best thing all round would be to offer the lane to your birds father, you'll protect your birds long term interest and then can't be to blame if there is an issue with access to your mate's house?

Edited September 18, 2011 by sfboy

[Pashley26]

Personally I'd keep the lane, tell your mate to move then charge people £1 to use it

Edited September 19, 2011 by Pashley26

[monkeyseemonkeydo]

Where would you say I stand in terms of being a fanny about it all, to help my mate out, seeing as my mate is really pissed off about moving (he really doesn't want to) and a tidy bit of petty personal revenge against his twat of a missus?

I'm missing the bit describing how it would piss her off or have any effect on your mate. If they've sold the house it's the new owners and the dad who you'll be screwing over surely... It would be their solicitor not doing his job if he didn't sus out and clearly explain access limitations imposed due to your land ownership...

[RobinJI]

I would have thought that before you do anything else it would be wise to agree a legal right of way to your father in law for use of the lane, so that whatever happens, there's not going to be any issues for him/his house.

I'm not sure what you can do with regards to the new owners of your old house, I'm no solicitor and I don't know how far through the sale is, but I know access issues can really cause a big pain for people. My dad's just come out the end of a massive falling out with his neighbour over a shared driveway (Neighbour had to drive through his drive to get to theirs) and it can be a pretty shit situation for all the people involved.

[Matt Vandart]

I'm missing the bit describing how it would piss her off or have any effect on your mate. If they've sold the house it's the new owners and the dad who you'll be screwing over surely... It would be their solicitor not doing his job if he didn't sus out and clearly explain access limitations imposed due to your land ownership...

Indeed this is my concern also.

Problem is I am on an oil rig on nights atm and its gonna be hard to comunicate with my solicitor (I am a lazy f**ker when I'm on nights) so I think I have missed my chance as above.