Offer on land with ROW

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glover1862
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Offer on land with ROW

Post by glover1862 » Thu Mar 15, 2018 1:43 pm

Recently a small access road which we use for garage access came up for sale on Rightmove, we had no idea that the council had sold the land to a private investor, they wanted £12.5k. My dad in a panic called the agents and was told that if he didn't buy it someone could potentially put a garage or use as a parking space, he offered £10k there and then.

When I found out I researched it and found a plan showing we had ROW together with about 10 other properties, the estate agents even tried to tell me it made no difference and the owner "could do as he wants" he got angry when I told him that was rubbish. I told my dad not to do anything as we have rights to use the land, however he still wants to buy it.

I personally think the land is worth nothing like the £10k offered and I'll withdraw that offer. The land is in Hertfordshire and about 6 car lengths long and the width of about 3m, I'd like some help on what to offer them, I know it's an almost impossible to give an estimate but in my opinion anyone buy it could not do nothing with it so I'm thinking of offering £1k, would that be an insult?? My reason for the much lower offer is:

Right of way to about 10 houses including ours
Its in a conservation area
We have prescriptive rights as we have used the road for 40 years without any issues
Emergency access is granted to a electric substation

Thanks in advance, I've got no idea of land prices so any help would be appreciated.

jonahinoz
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Re: Offer on land with ROW

Post by jonahinoz » Thu Mar 15, 2018 3:41 pm

Hi Glover,

Most small plots like this, appear on Rightmove, with the announcement that they will shortly be auctioned.

You have informed the estate agents that there are several prescriptive easement over this land, so there is a man-sized dispute, which they should reveal to potential purchasers. If the plot goes to auction, the dispute should be revealed in the legal pack.

Get a friend to phone the estate agent, act like he is interested in buying it, ask if there are any RoWs over the plot. I understand that EAs are required to disclose anything that adversely affects the plot.

Leave your father's offer on the table ... he is not committed until the point of exchange of contracts, which he can drag out.

Do a Land Registry search, see who now owns the plot, and what they paid.

I'm surprised that the LA sold the plot without you or your neighbours being aware that it was for sale (although I have been in a situation, and was not aware of the sale or three planning applications until ten years later. The LA claimed that records had been lost in LA boundary changes, and all the "then" staff had moved on).

Ask in which newspaper the sale was advertised.

£100 from each of the ten neighbours who use the lane would be fair, in my opinion.

John W

glover1862
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Re: Offer on land with ROW

Post by glover1862 » Thu Mar 15, 2018 6:14 pm

Many thanks for the reply, the land was auctioned as part of a job lot the council sold, it was as packaged with other more valuable plots hence difficult to get a individual price for it. I've now found the owner, just seems to run a property company, he's not local, I'll need to go via the agent anyway.

As mentioned, I don't think it's worth hardly anything, but if I offer too low, agent won't get hardly anything and the legal cost could be more than the value so they may as well keep it.

jdfi
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Re: Offer on land with ROW

Post by jdfi » Sun Mar 18, 2018 3:11 pm

Does everyone have written rights to use on foot AND with vehicles?

If not, then expect trouble..... as you say its in an expensive county and big enough for a small house.

glover1862
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Re: Offer on land with ROW

Post by glover1862 » Mon Mar 19, 2018 10:59 am

jdfi wrote:Does everyone have written rights to use on foot AND with vehicles?

If not, then expect trouble..... as you say its in an expensive county and big enough for a small house.
It's only 3m wide max, just about wide enough to get a medium sized car through, how are you supposed to put a house on that?

The ROW is referenced in the convayening documents and it has diagram showing the ROW, as mentioned we have all of below, no way any form of building could go on it, the council and a more powerful heritage body are very very fussy what is built.


Right of way to about 10 houses including ours
Its in a conservation area
We have prescriptive rights as we have used the road for 40 years without any issues
Emergency access is granted to a electric substation

Hugh Jaleak
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Location: Northamptonshire

Re: Offer on land with ROW

Post by Hugh Jaleak » Mon Mar 19, 2018 5:19 pm

if the plot provides the only means of access to a Substation then the electricity company will have a ROW to access it 24/7, and possibly an easement for any cables that may run through the area to/from their apparatus. They are not going to allow anything that will impede their access I can assure you!

If you have a ROW across it, then it is worthless to anyone, but if as you say, it has been bought as part of a bundle with other plots, the buyer may have been obliged to take it as part of the deal, regardless of the fact it is otherwise worthless. Estate Agents are just crooks, prices are only as high as they are now due to
EA's being allowed to artificially inflate prices to increase commission over the last 20 years. Knowingly selling a plot with ROW's over it and not mentioning the fact could land them in big trouble!

(EA's are not above making mistakes, the agent acting for my SiL on her house rental has been stung for thousands after a tenant claimed squatters rights and cited a loophole in the tenancy agreement to allow her to stay! Its taken SiL and agent 12 months to get tenant out, agent made mistake in contract so has had to foot part of the bill.)

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