Right of way

jangor_2

My son is in the process of purchasing his first property. He has been saving for a deposit for a number of years but his choices are rather limited. He has found a small end terrace house in a reasonable area and the sale is progressing. He has received his mortgage offer and the valuation survey has been completed with a few comments but as he is arranging his own survey we will await the report. However he does know there is a right of way across his garden which doesn't concern him greatly. However the conveyancer has now sent him a copy of the register which reads "accepting and reserving unto the Vendor and her successors in title owner or owners of the adjoining premises know as Number ... aforesaid and all persons authorised by her or them a right of way with or without vehicles over and along that part of the property hereby conveyed coloured brown on the said plan". The Vendor of the property my son is buying advised the driveway by the side of the property belongs to him and the adjoining cottage has no right to park there. He advised the neighbour has a walking right of way which they use to put their wheelie bin onto the drive. I am very concerned now. I cannot see any way a car could be driven up the drive, between the very ancient garage at the end of the driveway and the house, across the small garden and into the neighbouring mid terrace property. If this were to be tried, the garage and the small garden would have to be destroyed. However the wording of the charge would indicate that this is the neighbour's right. When my son queried this with the conveyancer they have simply quoted the charge again. He is unsure what to do next.

Fire_Fox

Ask the conveyancer to explain it in plain English and all the implications. If they don't get a new conveyancer either within the practice or without.

jangor_2

Thankyou, I will ask my son to do this. The present owner has lived in the cottage for over 20 years and advised a car has never been driven across his garden during that period.

Fire_Fox

Car is not the only type of vehicle.

C_Mababejive

Horse and cart springs to mind given the possible vintage of the terrace. I believe this is a common arrangement in many semi rural areas especially and the person on the end usually gains some extra benefit by way of use of a greater area often converted into a drive way or similar.

There are rights,there is enforcing your rights an d then there is custom and practice.

jangor_2

Thankyou. I did giggle at the horse and cart. If access to anything larger than a human being is permitted then my son will not have extra space but less. He will have to remove the garage that is presently in the very small garden and probably lose the small garden itself should this charge be enforceable. There simply isn't room to retain a garden and small garage if the neighbour can use the access for anything other than themselves or perhaps a bike. I am not sure what to advise him other than, as previously suggested, ask him to speak again to the conveyancer.

observations_from_a_hill

Look at and measure on the ground the area coloured brown. That is the extent of the right of way; if any buildings encroach upon it, they are at risk.

GDB2222

Has the right of way been blocked by the garage for many years?

At the end of the day, your son may want to pull out of the purchase. Incidentally, get a decent solicitor who is able to explain the ramifications of the right of way.