Newspaper article The Journal (Newcastle, England)

Registering Your Old Property Can Help to Fend off Squatters

Newspaper article The Journal (Newcastle, England)

Registering Your Old Property Can Help to Fend off Squatters

Article excerpt

No matter how well organised you are, you would be amazingly fortunate if your home move went without a single hitch. Sometimes it's a minor problem which is easily solved, but there are occasions when there is something more serious or something that needs some expert advice.

Conveyancing solicitor Francesca Angelucci is here in this monthly column to help to smooth out any knotty problems you may be experiencing and answer questions you have about the legal issues involved in buying and selling your house.

Francesca says: "Clients who are buying and selling high-value and rural properties often encounter issues which need to be resolved speedily, by professionals who know exactly what they're doing."

This week Francesca answers questions on covenants, rights of way and registering your land . . .

I AM selling part of my property and land but also keeping part of it. Will this affect the private rights of way to my house?

Private rights of way (known as an easement) can often be as important as the property itself. If a house does not link up with a public highway, then it will need a private right of way for access.

This right of access is usually granted for the benefit of the particular property only and does not extend to the public. Your solicitor should give you information about private rights of way from the title documents.

In the absence of a formal right of way in the title documents it is possible to prove that such a right exists anyway as a result of actual use over a period of at least 20 years.

Your current rights of way should not, in most cases, be affected by selling part of your property and land. However, if you will need access across the part you are selling off, then you would be wise to make it clear in both the sale contract and transfer documents.

Find out exactly where you stand from your solicitor.

I OWN an old house in the Northumberland countryside. Does it have to be registered with the Land Registry?

Registration of ownership is a compulsory requirement when the ownership of a property changes.

However, there are many large estates and old houses that are not yet registered. …

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