Access?

oldMcDonald

Please be very, very careful. I know someone who has had similar issues when buying a house ( his neighbour used to look after the person who lived in my friends house and he wanted to continue 'nipping through the hedge' to take a short cut to where the cars are parked. This has become bigger and bigger and has now turned into a boundry dispute that has run for years and cost ££££s (and we are talking 1 foot, not a large part of a garden). There is even a dispute about how close the fence my friend has put up is to the neighbours fence.

I know you say that this is your dream house, but it could easily turn into a huge nightmare. I would walk away if it were me.

missb123

Hi all, an update.. spoke to solicitor today, he repeated there is no right of way through my garden, there has not been any application by anyone claiming right of way. he would have to have been using it for 20 yrs to even have a claim on it, the fence/gate he put in are around 5 years old, 20 years ago both houses were council property and when he bought it from council it had no right of way, thats why he has been fighting for it. Solicitor asked us to get a copy of his paperwork which he states shows he has ROW. solicitor said this info of who has rights to go where, which route and when all has to be checked out and recorded. I am going to ask him this week, we cant complete til this is sorted, waiting for building warrant anyway so we have time. Solicitor says if he turns nasty just to fence it off, he thinks he is bluffing.

Blacksheep1979

has your solicitor commented on how much it may cost to defend against any actions where he claims any land/access and the likelyhood that you will get costs?

missb123

No he didn't mention this. He wants to see these papers the neighbour has. I don't know anything about these things, but having googled it, it can be costly! i read on the forums that you can get insurance to cover this, i will def ask the solicitor this. thanx

missb123

Hi, advice really needed!!! we spoke to the neighbour today who it seems claimed a deed of servitude from 1st owner, we have a copy. however when they moved he had to ask the next owner to sign something to say he had right of way and she refused, as she rented the house out she didnt know he had been using it anyway.
He takes out his next doors neighbours bins round the house im going to buy, has cut hedges, fixed gates, cleaned path.. basically made himself comfy doing what he likes, also said his girfriend wants to use it cos she has a mobility scooter!!! he got angry talking about where he would keep his bins, surely this isnt my problem?? why did nothing show up before? there is nothing at all on the land registry or the title deeds!! the neighbour himself said he didnt have legal right of access but would just use it and fight it till his dying day!! gulp!! i only want a home for my family, not a warzone... any advice? cant get my lawyer til monday

Running_Horse

Walk away.

This problem (this man) will never stop making your life hell. I know you probably really want the house, but why buy so many problems at the same time?

Smashing

I wouldn't walk away, I'd run. A nightmare neighbour does not = a perfect house.

paddy's_mum

What more does this man have to do before you grasp the risks involved in your proposed purchase?

He is a bully and will make your life a misery. For gawd's sake, you haven't even moved in yet and he's getting "angry" and going to "fight it till his dying day"! Can you afford to fight back with solicitor costs at £200 per hour, doing things the legal way, while it costs him nothing whatever to shout, obstruct, provoke, jeer, and foment unending trouble.

How peaceful do you think life is going to be once you are lumbered with the problems and have thwarted him in his manic pursuit of non-existent rights? There are other houses available to buy and faced with this idiot, I'd be looking at them. They built millions of them, you know

Your description of war-zone is too close to the truth....

muskoka

For goodness sakes - walk away. This guy is going to give you nothing but grief by the sounds of it. Your too nice to let this old bugg*r get the better of you. There are THOUSANDS of houses out there!!!!!!! Walk away - You don't need this grief!!! You are fighting a losing battle and you haven't even moved in. I dread to think what would happen then

Ulfar

Just want to point out no insurance company will pay up for your legal costs as this dispute will pre-date the policy and your ownership of the property.

They may even refuse to cover any damage done by the neighbour if things get really bad.

When they find out your insurance premiums may increase a lot. It will also affect you when you want to sell the property as it will be very hard for you to deny a neighbour dispute given all the evidence and I am sure he will make any buyer aware.

You really need to take other peoples advice and run away from this. This neighbour dispute has already deteriorated past the point of no return with him being entrenched in his position.

Your solicitor advised he has no right of way unless he has been using it for 20 years and the gate is only five years old, he has lived their all that time and may claim he has been using the access for 20 years and has only renewed the gate.

This could be a complete lie but courts work on evidence. The only winners out of this will be the solicitors as it will be very costly.