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Old 20 Sep 21, 01:58 PM  
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Jan
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Calling all experienced conveyancers

I have a question regarding an unmade road at the front of my late sister-in-law’s house.

The house was built in 1933 and shortly before the start of WW2 my in-laws bought it off the then owner, who had bought it from the builder. My SIL lived there all life until her death in January of this year.

The buyer’s solicitor wants my DH (an executor) to provide the usual stat dec regarding the unhindered use of the unmade lane at the front of the property (he used to live there until we married) plus pay an extortionate premium on an indemnity policy, which was probably taken out of a pack, like I used to do, and pay the solicitors’ costs of £75 plus VAT.

It is so long since I did conveyancing that I might be getting muddled up. But don’t the residents whose properties front the lane have prescriptive rights? People have been using the unmade lane, pot holes and all, for almost 90 years without complaint and the original builder is no longer alive.

Your help is very much appreciated.
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Old 20 Sep 21, 05:14 PM  
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Originally Posted by Jan View Post
I have a question regarding an unmade road at the front of my late sister-in-law’s house.

The house was built in 1933 and shortly before the start of WW2 my in-laws bought it off the then owner, who had bought it from the builder. My SIL lived there all life until her death in January of this year.

The buyer’s solicitor wants my DH (an executor) to provide the usual stat dec regarding the unhindered use of the unmade lane at the front of the property (he used to live there until we married) plus pay an extortionate premium on an indemnity policy, which was probably taken out of a pack, like I used to do, and pay the solicitors’ costs of £75 plus VAT.

It is so long since I did conveyancing that I might be getting muddled up. But don’t the residents whose properties front the lane have prescriptive rights? People have been using the unmade lane, pot holes and all, for almost 90 years without complaint and the original builder is no longer alive.

Your help is very much appreciated.
20 years use as of right without consent would create a prescriptive right but as pursuing the owner in any circumstances if it later turned out there wasn’t 20 years use then it is totally normal to have an insurance policy. I would not expect to pay anything other than the premium though. Unless the additional fee is for drafting the stat dec.

The above assumes that it is both unadopted and a private road.

A policy like this should not be extortionate as lack of access policies are easy to get and cheap
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Old 20 Sep 21, 10:07 PM  
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Jan
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Thank you for replying. I think my DH is just going going to have accept it.

Another question if I may. When I was working, one of the first things to do was to give clients an estimate of costs. My DH hasn’t had this yet, either in respect of the estate or the conveyancing. Have things changed?
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Old 20 Sep 21, 10:11 PM  
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Originally Posted by Jan View Post
Thank you for replying. I think my DH is just going going to have accept it.

Another question if I may. When I was working, one of the first things to do was to give clients an estimate of costs. My DH hasn’t had this yet, either in respect of the estate or the conveyancing. Have things changed?
I don’t think anything has changed you still need to give details of fees. I must admit that whilst a RE lawyer I don’t do conveyancing for consumers so slightly out of touch on requirements there but my fee rate certainly has to go in engagement letter. Has your DH had client care documents yet?
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Old 20 Sep 21, 10:23 PM  
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Yes, he says he did get that, just no estimate of costs, either in connection with the probate or the house sale.

Thank you again for your time.
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Old 20 Sep 21, 10:24 PM  
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We spoke to a conveyancer today re our sale, we haven’t even found a house to buy yet.

We got an immediate quotation of estimated costs.
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Old 20 Sep 21, 10:36 PM  
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Originally Posted by Jan View Post
Yes, he says he did get that, just no estimate of costs, either in connection with the probate or the house sale.

Thank you again for your time.
Not a problem and just checked. For both probate and conveyancing standard fees must be published on website. Costs should also be covered in client care letter.
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Old 22 Sep 21, 12:23 AM  
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I got estimated costs in my pack sent out when I engaged the solicitors
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Old 22 Sep 21, 07:42 AM  
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I'm a secretary in a firm of solicitors. At the beginning of every transaction we send two copies of a client care letter and terms of business to clients. These include an estimate of costs. Clients have to sign one copy of each to say they agree to the terms and return them to us.
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