How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19613
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

Hi, I am looking to purchase an end of terrace property,

Resolved Question:

Hi,

I am looking to purchase an end of terrace property, block of 4 where mine is on the right.

I've just received the title plan which shows the property boundary also including a private road to the right of this. The road leads to the back of our block where there are about 30 garages, belonging to nearby neighbours.

In the title deed it states the road is subject to right of way on a 99 yr lease ending in 2059.

My questions are as follows:

1) Who is responsible for the upkeep of the road?

2) Should the garages be pulled down and turned in to a car park by the owner, unknown at this point, is there any way to prevent this?

3) The deed also states that it will be my responsibility to maintain the area and collect from the neighbouring 3 properties. What does this exactly cover as the garages are accessed by roughly 30 properties?

Apologies for all the questions, my conveyancer was a bit baffled by the whole thing and is checking to see who owns the land with the garages, I thought I'd do some research as well.

Thanks
Submitted: 10 months ago.
Category: UK Property Law
Expert:  Stuart J replied 10 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Just to clarify, are you saying that the road to the right is not within your property boundary and that you have a right of way over it?
Customer: replied 10 months ago.

Hi,


 


Thank you for the quick reply and apologies for the confusion.


 


The private road is within my property boundary and others have right of way to access the garages behind.


 


Thanks

Expert:  Stuart J replied 10 months ago.


In the absence of anything specific in the deeds about
responsibility for upkeep of the road, then the legal doctrine of mutual
benefit and burden applies. This says that people who use the road are
responsible for the repair of it in proportion to the amount they use it.

I would need to see the 99 year lease to see exactly what rights
are granted and to who. So, it may be possible for the regard is to be
demolished and the place turned into a car park (for which the owner may want
to charge) but it may not be possible for the owner to have people going up and
down into his new car park. The solicitor will advise you on this when he has
the lease in front of him. If you let me have the wording in the lease, I can
tell you also.



If your conveyancer is baffled by the whole thing, then tell the
conveyancer to pass it on to someone who is not baffled or find another
conveyancer.



With regard to 3, I am not altogether certain what it is that you
collect from the three neighbouring properties. Can you please let me know the
exact wording?



Finally, I can tell you that there is nothing to stop the owner at
the back pulling down the garages and turning it into hardstanding, it is only
the access which could be the contentious sticking point.



Does that answer the question? Can I assist further or answer any
specific queries?



If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service
formally.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions after rating
my answer service.

Rating doesn't close the enquiry at all even though the site may give that
impression. It remains open for you to read and ask for further clarification.

Regards.



PS Experts on here are online and off-line all day each day and weekends
so please bear with me if I do not get back to you immediately.

Customer: replied 10 months ago.

Thanks for this,


 


Just for clarification, the text stated in the original deed is as follows:


 


"The parts of the land as may be affected thereby are subject to the rights of way; rights of passage and running of water and soil and rights in respect of gas and electricity services granted by Leases of Maisonettes (plus garages) Nod. 1 to 8 (inclusive) Bedford Avenue and 9 to 12 (inclusive) and 14 to 25 (inclusive) Chalfont Avenue Such Leases were granted for terms of 99 years from 29 September 1960 (as to Nos. 18 toXXXXX and 99 years from 25 December 1960 (as to the remainder)"


 


"The use of the Service Media pathway party walls and any other things now or to be constructed by the transferor intended for shared use by the Transferee and the owners of any other parts of the Estate are subject to the Transferee paying a fair proportion of the costs incurred in their inspection maintenance and renewal by the persons sharing their use and any dispute about the amount to be paid will be settled by the written certificate of an independant surveyor acting as an expert."


 


I don't have a copy of the rights of way lease, trying to find this still.

Expert:  Stuart J replied 10 months ago.




It is not particularly well
worded but what that says to me is that there is a right of way in favour of
the leases and the garages. It doesn't say (I would need the whole conveyancing
file which is obviously not practical) that the world and its mother can access
a car park around the back of the house.

I think I would still want to see
at least one of the 99 year leases.



 



The point with regard to the
services is quite normal in that you pay a proportion of the cost of
maintaining and repairing them according to use.



 



This is one of those houses
where, if you are not happy with it, don't buy it. I think you also need to
make copious enquiries of the seller as to any problems they have encountered
or costs they have incurred with regard to the access



Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19613
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 4 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience