Hi,
In 1994 I purchased a small site .30 of an acre aprox which was originally the large garden of a neighbours house. The site is situated behind my Mothers house, prior to purchasing the site my mother agreed verbally to let me have a right of way and an entrance through her garden to gain access to this landlocked site I purchased. I only purchased the site as she agreed to give me a right of way. The right of way was never registered and the problem now is that my Mother is very elderly 73 and suffering from dementia and says that " of course that I have RIGHT OF WAY, sure dont you know that !" but it is impossible to get her near a solicitor, if I make an appointment with a solicitor she will invariably be ill, confused, bad form, forgot appointment, you name it. The long and the short of it is that I cannot get her to the solicitor to sign the deed of right of way and wayleave, I cannot press her further as I do not wish to cause any upset. I would rather walk away if I have to.
I wanted to build a house for myself, on this site however if I cannot show a right of way, I wont be able to raise the finance / mortage or indeed apply for planning. I applied for planning in 1994 and got approved for full planning, however this lapsed and I have not applied since. (I guess the planners at the time assumed that as it was family property, that I would had a right of way and approved the application.
I paid 11,000 pounds for the site and it is registered in my name.
Is it possible that I would have established a right of way by frequent access / use since 1995, " I live in the family home with my Mother.
PS: a brother has suggested that he wants to buy me out of the family house I have "1/12 share" if I also sell him my site for 70,000 euros what kind of capital gains would be on this .
I appreciate this is detailed but would appreciate any advise.