• Public Right Of Way

    By Guest on 22nd Oct 2017

    Hi,

    I was wondering if you could possibly help me out?

    I am trying to buy a house which has a cul-de-sac right of way through the garden which terminates at the rear boundary.

    It is cul-de-sac due to a partial extinguishment back in the 80’s to make way for a housing estate.

    The current owner has been in the house since it was built 17years ago. Since then no one has used the path, or attempted to do so.

    If I actually get to buy the house I would apply to extinguish the path either by the normal means or by abandonment as it is no use to the public as it doesn’t go anywhere. I am aware that this will take some time to complete so... to enable the transaction to complete is there some kind of indemnity that can be taken out, either by myself or the seller that will cover the lender in the event they need to sell it and get their investment back.

    To give you an idea the purchase price is £595k I have £100k deposit and proof of funds to pay the mortgage for 3 years (which should be long enough to extinguish the path)

    If you are able to recommend a suitable policy along with potential cost that would be great.

    I have discussed this with my solicitor but he seems to think that such an indemnity doesn’t exist.

    Thanks in advance

    Andy

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