It’s not enough to sign a contract to agree to purchase a property, you will want to be sure that you can access the property easily, without any fuss, and without the risk of anybody suddenly deciding to impede your access.

We will investigate whether what’s outside the boundary of the property you’re buying. Is it a public road? If it isn’t, who does own it, and are they agreeable to you – as purchaser – using the roadway? If you’ll be sharing the roadway with somebody else, what are they permitted to do on the roadway?

If you are buying an apartment, is the land between the public road and the front door owned by a legally existent entity? Are they discharging their obligations now, such as keeping the common areas clean? If they’re not, they might not suddenly start discharging their obligations when you purchase.

Will you have any obligations to maintain the road or any other element of access?

We ask these questions before you sign any dotted line.

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The information on this site is provided as a guide only and is not professional advice, including legal advice. It should not be assumed that the guidance is comprehensive or that it provides a definitive answer in every case.

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