Property Law Question - Any Gurus out there?
#1
Just in the process of buying new house. It seems that the deeds of house include ownership of about 30 feet of adjacent private road which gives access to local golf club and along with it legal responsibilities for maintainance of this road. It is in good nick at the moment (apparantly golf club paid for it to be made up a few years ago), but we have been told this may be a legal hot potato as regards to public liability. Obviously we don't want to get involved if it's likely to cause strife in future, but I'm not sure if I'm panicking over something I needn't. Any comments would be welcome.
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#2
Most house insurance includes like £1M or more of public liability.
Do they actually have a right of way to use it?
May be worth speaking to golf club, and offering to sell it to them? or swap it for free membership if chasing little white ***** takes your fancy!?
robski
Do they actually have a right of way to use it?
May be worth speaking to golf club, and offering to sell it to them? or swap it for free membership if chasing little white ***** takes your fancy!?
robski
#3
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As Robski says, I'd have a look at the following:
1) Does the club have access rights? Your solicitor will be able to confirm from the deeds.
2) Assuming it does, definately have a think about giving/selling/swapping it.
Personally, I'd contact the club now and sound out the position.
As far as public liability, you should be covered but check your insurance. In any event, I can't see any real public liability issue - no worse than owning a pavement or verge.
Big problem more likely to be if you have to repair or maintain the road.
If Club has no access rights, you could be on a winner
1) Does the club have access rights? Your solicitor will be able to confirm from the deeds.
2) Assuming it does, definately have a think about giving/selling/swapping it.
Personally, I'd contact the club now and sound out the position.
As far as public liability, you should be covered but check your insurance. In any event, I can't see any real public liability issue - no worse than owning a pavement or verge.
Big problem more likely to be if you have to repair or maintain the road.
If Club has no access rights, you could be on a winner
#4
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iTrader: (2)
Obviously your solicitor should give you correct advice regarding this. If they fail to do so, then they may find themselves looking at a claim against them for dodgy advice...
That is what you pay them for. Our next-door neighbours bought their house un-aware there was a disputed boundary After some advice from my wife, they have since spoken to their solicitors who are going to resolve it FOC! ( )
If you want the name of an excellent conveyancer (whom we have used for 4 purchases/sales) email me. She's in Derbyshire - but that's not a problem & also v.reasonable costs.
That is what you pay them for. Our next-door neighbours bought their house un-aware there was a disputed boundary After some advice from my wife, they have since spoken to their solicitors who are going to resolve it FOC! ( )
If you want the name of an excellent conveyancer (whom we have used for 4 purchases/sales) email me. She's in Derbyshire - but that's not a problem & also v.reasonable costs.
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