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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22368
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi, I am looking to purchase an end of terrace property,

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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.

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 3 years ago.



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.



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

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
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Customer: replied 3 years 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.

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: 22368
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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