Finding out Who Owns an Unregistered Road

[livestock 1]

To establish a legal easement you need 20 years use not 10.
If track has been used without objection for over 1 year you can usually get an indemnity insurance policy to cover any future problems.

If it’s residential use 10 years wouldn’t be challenged. In some cases of unchallenged use much less than ten years would suffice.

 

[ISCO]

If it’s residential use 10 years wouldn’t be challenged. In some cases of unchallenged use much less than ten years would suffice.

Well insurance companies think it would be rare for use to be challenged after a year otherwise they would not offer a policy if they thought There was a risk.
After 20 years of use without permission you can establish a prescriptive easement.

 

[br jones]

R

So what are the issues / outcomes if you know. What has the courts angle been on them?

Ransom strip, had a couple of cases around here ,somebody tried it ,but a court decided that householders had a right of access

 

[livestock 1]

Well insurance companies think it would be rare for use to be challenged after a year otherwise they would not offer a policy if they thought There was a risk.
After 20 years of use without permission you can establish a prescriptive easement.

I’ve been involved with insurance companies legal indemnity policies both for and against us with rights of way. The issue always ends up where they have to assess wether it’s worth perusing the case either way. If it’s not then they won’t fund the case

 

[teslacoils]

I'd expect the road to be owned by the last property / house down the road.

 

[ISCO]

Surprising how often a private road is unregistered especially back lanes in old market towns. The usual scenario is that someone somewhere would have unregistered deeds to road but has sold all adjoining property with only the road left in ownership. As this is only ever a liability the deeds get 'lost' or forgotten about.
Should be less common going forward as more land registered.

 

[Grassman]

Most mortgages will require a proper access agreement or no mortgage. It's something solicitors have to get sorted.

 

[Ukjay]

Most mortgages will require a proper access agreement or no mortgage. It's something solicitors have to get sorted.

As above, been doing some more investigating and the lender will not take risk of having property land locked.
Title defects are also of concern

 

[ISCO]

As above, been doing some more investigating and the lender will not take risk of having property land locked.
Title defects are also of concern

Most lenders will usually proceed with a statement of truth or statutory declaration by seller confirming their use of the access and that there have been no objections coupled with an indemnity insurance policy.
Most defects in title can be dealt with by a good solicitor and a cooperative seller.
If no One owns the access and there is less than 20 years use then a legal right of way is not possible to obtain and the above is usually accepted.

 

[steveR]

Why do you say that if I may ask?

Maintenance issues are the main problem in my experience...

Got a stretch of "farm lane" to some away land over which we have right of access for 50% and ownership of the remainder. There are 5-6 properties who are supposed to contribute to the lane in my ownership (on their deeds) and the rmainder of the lane is owned I believe by the landowners either side, some farmer owned, some redidential.

The residents in the properties that access over my stretch do no feel thay should pay towards maintenance, so now, I just don't bother as I have an alternative private access to the land. The other owners of the remaining stretch do no do any maintenance either.

Result is a road that is more pothole and ruts than roadway. I did explore developing a block of land down there, and the sweetener to the residents was going to be a concrete drive!! Planners would not bite though...