Do I have to give neighbour access to a shared garden through my property?

Richard_Webster

The simple answer is that you insist that your solicitor explains the point to you. Put your request in writing and refuse to do anything more until you get an answer.

All this thread has been pure speculation because of lack of information.

steveinnit

Richard_Webster wrote: »

The simple answer is that you insist that your solicitor explains the point to you. Put your request in writing and refuse to do anything more until you get an answer.

All this thread has been pure speculation because of lack of information.

Thanks..they aren't returning calls so I have now done exactly that.

Gogled

An Easement is a catch all term for rights over another's land. One of which is a right of way.

Assuming this was originally one property, I would be interested in the original split of the title, as if Wheldon v Burrows was not excluded and there is no other access to the garden then they may have a right of way.

I would not purcahse this property with this issue outstanding.

JimmyTheWig

Remember that you'll have the same problems if you buy when you come to sell the place.

steveinnit

JimmyTheWig wrote: »

Remember that you'll have the same problems if you buy when you come to sell the place.

Thanks, yes I finally got through this afternoon and pointed out how it could affect the selling price and also said that if we hadn't raised the issue,the lender would have granted a mortgage on a property which would then instantly drop in price if it turns out whoever buys it has to give garden access through their own property..that seemed to have an effect and they 'assured' me they would chase up the seller's solicitor for a better lease so fingers crossed!

melb

it's ridiculous to think someone would have access to a garden by going through someone else's home. Take no notice of what the upstairs occupant does or doesn't do as they can sell at any time and be replaced by someone who will be intent on enforcing their "rights" whatever they may be or they may think they are. i wish you luck with this but think i would walk away and your solicitor sounds incompetent. I'm surprised your mortgage arranger/issuer was able to dictate which solicitor to use as i thought those days had long gone

[Deleted User]

If it turns out that the occupants of the upstairs flat DO have a legal right to access the garden, then I would seriously think about buying them out (and make it part of the deal to buy the flat). If they're not interested in it, then the opportunity to make a bit of money from something they don't want anyway would be (I suspect) too good to turn down.

In the short term this may look like an expensive solution for you, BUT when you come to sell the flat in the future it can be sold with its own private garden and that will increase not only its value but also its attractiveness to buyers?

steveinnit

melb wrote: »

it's ridiculous to think someone would have access to a garden by going through someone else's home. Take no notice of what the upstairs occupant does or doesn't do as they can sell at any time and be replaced by someone who will be intent on enforcing their "rights" whatever they may be or they may think they are. i wish you luck with this but think i would walk away and your solicitor sounds incompetent. I'm surprised your mortgage arranger/issuer was able to dictate which solicitor to use as i thought those days had long gone

The lender said we could use our own solicitor but they would still use theirs as well and bill us! Although they have now changed that policy..