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  • FIRST POST
    • fasteddiedog
    • By fasteddiedog 4th Oct 17, 9:17 PM
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    fasteddiedog
    help Right of way through my property
    • #1
    • 4th Oct 17, 9:17 PM
    help Right of way through my property 4th Oct 17 at 9:17 PM
    My new neighbours have a right of way through my property! when I bought the property I was told it was bin access only, But they are using it every day wandering to and from many times! I have the official copy which states below but I don't fully understand. Please can anyone advise on these legal terms?


    “together with the rights to light and air to the windows and apertures as at present existing for the benefit of the property hereby conveyed with the right of access onto the adjoining property of the vendor for the purpose of repairing and maintaining the property hereby conveyed or any part thereof reserving nevertheless to the vendor in fee simple a right of way on foot to and from the adjoining property of the vendor on the west and the right to passage of water soil gas and electricity and other services as at present existing over under or through the property hereby conveyed”
Page 1
    • PasturesNew
    • By PasturesNew 4th Oct 17, 9:22 PM
    • 60,248 Posts
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    PasturesNew
    • #2
    • 4th Oct 17, 9:22 PM
    • #2
    • 4th Oct 17, 9:22 PM
    ....every day wandering to and from many times! ....

    a right of way on foot to and from ...
    Originally posted by fasteddiedog
    That bit means they can walk to and from their house whenever they like, carrying things. No mention of bins, but that's "on foot", so would include bins. It'd also include their Tesco shopping, popping out to their car and back ....

    So long as they are "on foot" - they can come/go as often as they like.

    They can't stop on the path, chatter with friends in the space, send their kids out to play along that bit (although their kids could carry their ball along the route to get out to walk to the park) .... they couldn't get a folding chair and sit, not fix their motorbike.

    They could also not push their moped/motorbike probably ...

    But, so long as they are "on foot" ... that appears to be the only restriction on them going along there.... as often as they like.

    It'd 100% per cent stop them if they decided to drive their car past to park in their garden.... as that's not "on foot", but is "vehicular".
    • G_M
    • By G_M 4th Oct 17, 9:23 PM
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    G_M
    • #3
    • 4th Oct 17, 9:23 PM
    • #3
    • 4th Oct 17, 9:23 PM


    “together with the rights to light and air to the windows and apertures as at present existing for the benefit of the property hereby conveyed
    no one can block or obsure yourr windows & doors eg by building just outside

    with the right of access onto the adjoining property of the vendor for the purpose of repairing and maintaining the property hereby conveyed or any part thereof
    You can go onto the neighbouring property if you need to repair your own property


    reserving nevertheless to the vendor in fee simple a right of way on foot to and from the adjoining property of the vendor on the west
    your neighbour on the west side has a right of way across your land, on foot (no cars!)


    and the right to passage of water soil gas and electricity and other services as at present existing over under or through the property hereby conveyed”
    Originally posted by fasteddiedog
    the neighbour also has a right to have his utility pipes (water etc) go across your land
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 4th Oct 17, 10:20 PM
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    ScorpiondeRooftrouser
    • #4
    • 4th Oct 17, 10:20 PM
    • #4
    • 4th Oct 17, 10:20 PM
    I am not sure a solicitor would use the phrase "bin access only", so I suspect the estate agent may have told you this. What did your solicitor say? If anyone other than your solicitor said "bin access only" then this is unfortunately just a rather late lesson that you shouldn't listen to anybody other than your solicitor.
    • TBagpuss
    • By TBagpuss 4th Oct 17, 10:34 PM
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    TBagpuss
    • #5
    • 4th Oct 17, 10:34 PM
    • #5
    • 4th Oct 17, 10:34 PM
    Check with your solicitor, but (assuming that they rights were passed from the original vendor to the current owners) it does appear that they have the right to access their property via yours.

    I would guess that the original purpose of the right being granted was to allow for bins to be emptied, and possible for things such as coal deliveries, but that doesn't mean that they are limited to using the access for those purposes only.

    Depending on the lay out of your garden you might, if you dislike it, be able to fence off the relevant pathway, or alternatively, use things like containers and plants to define what route you want them to take.

    You could also try speaking to them to ask politely whether they would be willing to use the front access except when they need to cross your garden, for instance to get the bins in and out. They may be perfectly willing to do so, if asked pleasantly.
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