Case Study: Rights of Way subject to CPR
10th January 2017
In another nod to the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), The Property Ombudsman has defended an agent against an alleged misrepresentation relating to rights of way.
The property in question was advertised and sold with access to rear parking. With no parking to the front, vehicular access to the rear was accessible via a route over which the sellers had confirmed there was a right of way.
Once the transaction completed the neighbouring property advised the buyers that the access route actually belonged to them and there was no right of way over the land, preventing access to rear parking.
A complaint was made and The Property Ombudsman stepped in to adjudicate.
In reaching a decision the TPO considered what was reasonable to expect of the agent when investigating the particulars. It noted that the sellers had confirmed they had access over the land for 40 years and had signed off the particulars which identified that the property was for sale with rear parking. It also noted that an agent would not be expected to have the sort of legal training required to investigate such matters.
In reality the failure in this instance lay with the solicitor who should have investigated the right of way given its importance in terms of access to the rear of the property. However there are ways to undertake an initial investigation.
Many agents will be ordering Land Registry OC1 Title registers as part investigations into the ownership of the property. The OC1, which is split into 3 parts, also includes other important details which can be used to inform potential further investigation, including details of access rights;
- Section A: A description of the property, including details of rights of access or restrictions
- Section B: Who owns the property, including correspondence details
- Section C: Charges against the property, including mortgages, covenants etc
An investigation of part A of the OC1 could have revealed whether or not the property benefited from the access discussed above.
CLICK HERE TO VIEW OUR QUICK GUIDE TO THE OC1 TITLE REGISTER
Compliance in a Box is the industry recognised compliance solution for Estate and Lettings Agents developed with industry stakeholders including the NAEA and adopted by Relocation Agent Network, The Guild of Property Professionals and Fine & Country. For more information contact Samantha Peacock (speacock@etsos.co.uk) on 01524 220013
Latest news
System Maintenance
Please be aware that we are performing some system maintenance this weekend. We don’t anticipate that this will result in any downtime of our services, but we apologise if it does cause any inconvenience
Government Confirms New Regulations and Qualifications for Estate Agents Will Happen
The government has accepted the proposals of the Regulation of Property Agents (RoPA) with wide-spread consequences for estate and letting agents.
The proposals reach right into the heart of the industry to affect regulation, training and licensing.
(more…)
Fears of Tougher Regulations and Unjust Costs Mount Ahead of Government Announcement
Estate Agents are waiting for the big reveal on Monday after Lord Best has admitted some firms could close when the regulation of property agents (ROPA) makes its recommendations to the Government early next week.
Lord Best, the chair of ROPA, has already outlined the working group’s desire for more regulation.
[NEWSFLASH] Agent Charged DOUBLE Over AML Registration Mistake
Property Industry Eye (PIE) has highlighted the case of an estate agent who has fallen foul of HMRC and been charged double.
On 4th April, with plenty of time to spare, Hayman-Joyce renewed their annual HMRC registration. They paid the fee and thought they’d ticked all the boxes.
Compliance in a Box: The Natural Remedy for Your AML Headache
Estate agents around the country are realising that the new 5th AML Directive goes deep. There’s a lot of work involved in becoming compliant. And the penalties for non-compliance, either deliberately or through confusion, are severe. (more…)


Click the Apply button opposite to use our software on a trial basis...

- What now for the agency industry as Boris Johnson takes over? https://t.co/KUJc0V2EEn
- Fears of Tougher Regulations and Unjust Costs Mount Ahead of Government Announcement https://t.co/N8VDGWNuC2 https://t.co/giZNcR88pH
- We're always talking to agents about reducing RISK with KYC (Know Your Customer) Due Diligence...but what about con… https://t.co/ePdHELsgKp
- Want to make sure you're ticking all the right boxes for your AML compliance? Click the link below and for our *FRE… https://t.co/3bjcIPFf2y
- Estate Agents, Compliance and the Beautiful Game https://t.co/1QwL5YQMit https://t.co/xawZnlv38L
- What now for the agency industry as Boris Johnson takes over? https://t.co/OUBAikhCTw
- More change on the horizon for agents! Seems to be a real split of opinions on this one. #estateagents… https://t.co/RhWLtkEbJQ
- We're always talking to agents about reducing RISK with KYC (Know Your Customer) Due Diligence...but what about con… https://t.co/CdzfWVEpXy
- Want to make sure you're ticking all the right boxes for your AML compliance? Click the link below for our *FREE* 1… https://t.co/j5SnrJMFcS
- MI5 spies 'at breaking point' as they face threats https://t.co/SBGS2Wsi2k via @MailOnline. Security Minister Ben W… https://t.co/WwEKnKIpN5