boring answer
need more info to form a view. you don't need a deed to have a right of way, although it's better if you do, from a certainty perspective. if you and your predecessors have been doing something for 20 years or more, you might have acquired an easement.

in fact, the whole story sounds fishier than YM's pants. who lets someone move in and do works when they've only paid a deposit? what if they fuck your house up and then never finish or pay the balance?
( rachelswipe with a fork, Tue 17 Jun 2014, 13:30, 1 reply, 11 years ago)

Thats what I thought.
THe access rights thing isn't really an issue, its the excuse they are using for not being able to provide a deed.

My question really is, If the solicitor handed over the money when a deed apparently doesn't exist, is he at fault?
( Peej, Tue 17 Jun 2014, 13:36, Reply)

it depends on what advice he gave her
and what instructions she gave him. if he could not reasonably have been expected to know of the existence of the deed, that is one thing. but it seems to me that, on the facts, he should have been asking questions about access. then again - maybe he did.

if she is in any doubt, she should ask him for her file, and take it to see another solicitor, to see if there is a claim.
( rachelswipe with a fork, Tue 17 Jun 2014, 13:43, Reply)