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Problem regarding right of way

  • 11-07-2020 1:00am
    #1
    teddybones
    Registered Users, Registered Users 2 Posts: 176 ✭✭


    I am selling my mam's house but the sale has fallen through because of a right of way issue. The buyers bank won't approve their loan because there is no right of way attached to the deeds. The lane on which the property is situated used to be a public road in the 18th, 19th and very early 20th century. As a public road none of the houses on the lane ever needed a right of way or this is my understanding. Anyway as the years went on the council stopped maintaining the laneway. My parents, who both died within the last two years, told me when I was younger that the council used to maintain the laneway but stopped doing it during the 70s. Houses have been sold on the lane before and no one has ever had an issue with the right of way. Indeed one was sold last year and the owner just signed a declaration saying they had always enjoyed uninterrupted access as do all the people who live on the lane. So I never thought this would be an issue. Anyway during this whole process my solicitor asked me to find out who owns the lane. Nobody knows. There are farms either side and neither of them know who owns it even though they have been farming the land for nigh on the last century. There is no record of it in the land registery. None of the neighbours or locals know. They all maintain nobody owns it because it was a public road. My solicitor contacted the council. They say they aren't in charge of maintaining it. They never said they didn't ever maintain it so my solicitor was chasing that up but we have heard nothing. It's all a big mess and I am pulling my hair out because there is an equity release loan on the house which was due last February and they have extended it till August which was when we were due to close but the buyers bank pulled the plug. We now have to apply to register a right of way with the land registery which may take up to a year. Does anyone know how I can find out who owns the land or how to prove its a public road (or at least was) and is the council's remit. I fear the council won't admit to ever having maintained it because they will then have an obligation to start maintaining it now if they do. This has actually been a complete nightmare. As I inherited the house I now have a massive equity release loan hanging over me. And I don't know where to turn or what to do.


Comments

  • #2
    pillphil
    Registered Users, Registered Users 2 Posts: 788 ✭✭✭pillphil


    I am selling my mam's house, but the sale has fallen through because of a right of way issue.

    The buyers bank won't approve their loan because there is no right of way attached to the deeds. The lane on which the property is situated used to be a public road in the 18th, 19th and very early 20th century. As a public road none of the houses on the lane ever needed a right of way or this is my understanding.

    Anyway, as the years went on the council stopped maintaining the laneway. My parents, who both died within the last two years, told me when I was younger that the council used to maintain the laneway but stopped doing it during the 70s. Houses have been sold on the lane before and no one has ever had an issue with the right of way. Indeed, one was sold last year and the owner just signed a declaration saying they had always enjoyed uninterrupted access as do all the people who live on the lane. So, I never thought this would be an issue.

    Anyway, during this whole process my solicitor asked me to find out who owns the lane. Nobody knows. There are farms either side and neither of them know who owns it even though they have been farming the land for nigh on the last century. There is no record of it in the land registry. None of the neighbours or locals know. They all maintain nobody owns it because it was a public road. My solicitor contacted the council. They say they aren't in charge of maintaining it. They never said they didn't ever maintain it so my solicitor was chasing that up but we have heard nothing.

    It's all a big mess and I am pulling my hair out because there is an equity release loan on the house which was due last February and they have extended it till August which was when we were due to close but the buyers bank pulled the plug. We now have to apply to register a right of way with the land registry which may take up to a year.

    Does anyone know how I can find out who owns the land or how to prove its a public road (or at least was) and is the council's remit. I fear the council won't admit to ever having maintained it because they will then have an obligation to start maintaining it now if they do. This has actually been a complete nightmare.

    As I inherited the house I now have a massive equity release loan hanging over me. And I don't know where to turn or what to do.

    Not to be an arse, but paragraphs make it much more likely people will read and therefore answer. This isn’t meant to be grammar nazi ****, just to make it readable and help you get an answer.

    EDIT: Legal issues forum might be useful to you. They won't give legal advice, but they could probably direct you towards how to find out who owns the lane


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