Right of Way

runtie

Hi, would like some advice if possible on right of way in my garden. We just bought house which has a small path at the side of the house which is a right of way to our neighbours house at the end of our garden. We would like to approach our neighbour to see if he will agree to access his house another way so we can have some privacy. There is another access route but this may involve us building another path. Does anyone know how much it costs to change deeds? Or any experience on negotiating with neighbours about buying small piece of land at end of garden? Hope this all makes sense. Many thanks

phill99

So you bought a house with the knowledge it had a right of way through it and now you don't like it so you want to get it stopped. I can see you would be the ideal neighbour. If I was the guy benefiting from the right of way I would tell you where to get off!

runtie

It was just that we realised that there was an alternative access route that could be done which would benefit both of us. If he declines that fair enough, but no harm trying????

DVardysShadow

For a simple matter of changing deeds, you are looking at £500. But there is more to it. You will both need the consent of mortgage lenders.

As for buying a piece of land, what exactly are you proposing as this has a big bearing on how you need to approach it.

Norman_Castle

http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html#Varying%20and%20extinguishing%20a%20private%20right%20of%20way

Biggles

Are you saying the path belongs to you but the neighbour has right of way over it? Or is the path his?

If there's a fence, wouldn't it be easiest to raise it to, eg, 8ft in height?

runtie

The path belongs to us but neighbour has right of way on it.
Our neighbour accesses his house either through our garden or there is potentially another access route but this would involve building a new path and encroaching on another neighbours land buy a couple if feet - hence question of whether we could buy that small piece of land then change the deeds. Otherwise we could erect a high fence/ screen along the right of way- which maybe easier! Thanks for help

iamcornholio

This is a good example of just what is wrong with people/society today.

Biggles

runtie wrote: »

The path belongs to us but neighbour has right of way on it.
Our neighbour accesses his house either through our garden or there is potentially another access route but this would involve building a new path and encroaching on another neighbours land buy a couple if feet - hence question of whether we could buy that small piece of land then change the deeds. Otherwise we could erect a high fence/ screen along the right of way- which maybe easier! Thanks for help

It's not just a matter of changing the deeds.

You would need to buy the other piece of land (as suggested above, the conveyancing costs would be likely to come to £500 or more - more because you would need the new piece of land defined, which might need a surveyor as well as a solicitor) and you would need your deeds changing to have the easement, whereby your neighbour has the right to pass over it, removed. That's another job for a solicitor, as I would imagine the neighbour (the beneficiary of the easement) has to agree to the removal.

Leif

If the path is at the side of your house, then just put up a fence. You lose use of some land, but you get privacy. Is there a width that is needed i.e. is this the only access route to their house in which case they could argue that the path should be for example 2m wide, to allow for carrying wide items.

I have nice neighbours but they have decking, which means that when they sit on the decking they overlook my garden, despite a fence. Not a lot I can do about it, apart from wait 5 years while a hedge grows. That is another alternative for you.

phill99 wrote: »

So you bought a house with the knowledge it had a right of way through it and now you don't like it so you want to get it stopped. I can see you would be the ideal neighbour. If I was the guy benefiting from the right of way I would tell you where to get off!

Steady on. The OP is entitled to discuss this with his neighbour, but it sounds as if the neighbour needs the access route.