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As expected, the Highway was adopted by the Local Authority. However, a problem arose when the highway that abutted the property our client was to purchase, was not adopted. Meaning this part of the road was not maintainable at public expense and was not privately owned either.
This situation can impact on the client financially and impact on the salability of the property to the future. As some lenders do not wish to lend on an unadopted highway, we were faced with the satisfying the requirements of our client’s lender.
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Unadopted Highway
Transaction details
The transaction involved a long chain starting with our First Time Buyer client.
Delays
Whilst the delays were inevitable in dealing with and putting documentation in place, the matter did progress very smoothly.
Successful Completion
Despite the issue, we managed our client’s expectations, and completed the matter within respectable timescales. Our client was really pleased with the outcome.
The Problem
The Solution
As the current owner had owned the property and used the highway for excess of ten years, we were able to obtain a Statement of Truth confirming the highway has been used for access freely without interruption or objection. The seller also put in place an Indemnity Policy for lack of access.
To the future; once the highway has been continuously and openly used for twenty years with other criteria in place, the client may be able to claim a Prescriptive Right for access.
The Outcome
We were able to obtain the Statement of Truth, upon which the term of use was passed on to our client. We obtained the Indemnity Policy for Access rights and thus protecting the lender and our client’s interest in the property.
Our clients, not wanting to lose the property, were very happy with the outcome and also the documents in place can also be passed on to a future buyer of the property.
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Transaction details
The transaction involved a long chain starting with our First Time Buyer client.
Delays
Whilst the delays were inevitable in dealing with and putting documentation in place, the matter did progress very smoothly.
Successful Completion
Despite the issue, we managed our client’s expectations, and completed the matter within respectable timescales. Our client was really pleased with the outcome.
