Rights of Access · Report on Title scenarios
No right of access
4 situations in which a missing right of access comes up during a conveyancing transaction, each answering a different question.
- The title gives no right of way over the access to the propertyThe accessway is unadopted and the title grants no express right over it. What an indemnity policy does, what it cannot do, and the long-use claim that may exist alongside it.
- There are no rights for services to cross the landA private road and a title with no easements means the services crossing it have no granted right either. Why the proper fix is usually impractical, and what the policy covers instead.
- The deeds give neighbours a right of way across the propertyA documented right of way that has been physically obstructed for years is still a right. What it would take to extinguish it, and what a court could order if somebody asks.
- Who is obliged to contribute to maintaining the access?Deeds often make the people who use a track contribute to maintaining it. Why that obligation frequently cannot be enforced against the current owners, and what to do about it.
Already bought, and a missing right of access has become a problem?
These pages are written for someone still deciding. If this came up after you completed, the question is a different one — what was known during the purchase, and what should have been reported to you.
Tell us what happened → WhenIBought.comDealing with this on a current conveyancing matter?
Current Report on Title paragraph
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