right of way

time2deal

Completely agree with the two posters above. DO NOT PUT SOMETHING IN THE TENANCY AGREEMENT. You could well weaken your own rights to the RoW, and you may not be able to get them back.

As above, she has a property with a RoW, she can't block it, or limit it in any way. There is a whole section in gardenlaw on RoW's which may be of interest to you.

seven-day-weekend

Ourselves and our neighbour live in adjoining terraced houses, with an alleyway between them to access our front door. So we have part of their bedrooms over our alleyway - a flying freehold (theirs) over a creeping freehold (ours). They have not, and never have had, a right of way down our passage, it is exclusively ours and wholly within our curtilage.

Many years ago they decided they were going to take us to court because they were convinced that they DID have a RoW down the passage. I tried to point out that as we had no RoW through their bedrooms, neither did they have RoW down our passage, but to no avail. Their solicitor showed them the truth of things from the deeds, and eventually they dropped their court case and apologised unreservedly to us.

I'm sure a similar thing will happen if your neighbour decides to go to court, in fact she may be in trouble for curtailing YOUR right of way.

Filey

Thanks Paddy's Mum, princeofpounds and time2deal for your input. about the clause I proposed putting in the new tenancy agreement. I will bear it in mind. However I can't see why what is a private agreement between me and my tenants could influence what is stated in my deeds about the right of way.

The new tenants moved in yesterday, as far as I know uneventfully. They are a nice young couple with a small child. I took them a houseplant and a welcome card.

I spoke to my solicitor about the situation and as I thought, and you helpful people have said, next door person has no right to dictate anything about the RoW, and no right to lock the gate either. My solicitor is going to send a letter to that effect, a pre-emptive strike you could say.

Thanks for all your advice. I will report back to you any further developments.

anselld

Filey wrote: »

However I can't see why what is a private agreement between me and my tenants could influence what is stated in my deeds about the right of way. .

because rights of way are all about custom and practice. If it becomes the norm to ask permission then the neighbour can argue after a time that that is how the right works because it has become the established norm. If the right is not exercised at all for a period (not sure how long) it can lapse all together.

Did you tell your solicitor about the tenancy agreement? be surprised if they did not agree with PoP and warn you strongly against doing so!

System

You say that the row is conditional. Can you please post up the EXACT wording from the deeds.

paddy's_mum

Filey wrote: »

However I can't see why what is a private agreement between me and my tenants could influence what is stated in my deeds about the right of way

Filey - that is exactly why you would be wiser not to insert any such clause without the knowledge and guidance of your solicitor.

As has been pointed out several times already in different words by different posters, you may well be weakening your own position.

We can only offer opinion based on experience, often painfully and expensively gained. You must do what you perceive to be the best thing for yourself and your own particular circumstances.

You do realise that asking permission to exercise an existing right may well extinguish that right forever, don't you?

Filey

!!!!!! wrote: »

You say that the row is conditional. Can you please post up the EXACT wording from the deeds.

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This is what is says:-

The land has the benefit of the following rights granted by a Conveyance of the land in this title dated 2 January 1930 made between (1) Anna Maria Swift (Vendor) and (2) William Ernest Shepherd (purchaser):-

"Together with a right of way for the purchaser and his successors in title over and along the passage situated on the West side of the adjoining cottage on the West and over and along the path immediately behind such adjoining cottage leading from the rear of the property hereby conveyed to and from Stonegate aforesaid."

Filey

paddy's_mum wrote: »

Filey - that is exactly why you would be wiser not to insert any such clause without the knowledge and guidance of your solicitor.

As has been pointed out several times already in different words by different posters, you may well be weakening your own position.

We can only offer opinion based on experience, often painfully and expensively gained. You must do what you perceive to be the best thing for yourself and your own particular circumstances.

You do realise that asking permission to exercise an existing right may well extinguish that right forever, don't you?

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Hi Paddy's Mum

But I am not asking permission to exercise an existing right. I personally can walk on the RoW whenever the spirit moves me (so to speak). I am giving permission to my tenants to use it only at certain times for certain purposes.

Filey

anselld wrote: »

because rights of way are all about custom and practice. If it becomes the norm to ask permission then the neighbour can argue after a time that that is how the right works because it has become the established norm. If the right is not exercised at all for a period (not sure how long) it can lapse all together.

Did you tell your solicitor about the tenancy agreement? be surprised if they did not agree with PoP and warn you strongly against doing so!

_____________________________________________________

Hi anselid

I didn't think anyone was asking for permission. I thought I was exercising my right to restrict the times my tenants can use my RoW in the interests of good neighbourliness.

I left a copy of the proposed agreement at the solicitor's together with a copy of the paragraph from the deeds showing the RoW, and then spoke on the phone to her. I have a meeting next week. She didn't mention the proposed addition to the tenancy agreement.

System

Filey wrote: »

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This is what is says:-

The land has the benefit of the following rights granted by a Conveyance of the land in this title dated 2 January 1930 made between (1) Anna Maria Swift (Vendor) and (2) William Ernest Shepherd (purchaser):-

"Together with a right of way for the purchaser and his successors in title over and along the passage situated on the West side of the adjoining cottage on the West and over and along the path immediately behind such adjoining cottage leading from the rear of the property hereby conveyed to and from Stonegate aforesaid."

Does it say anything about purpose? E.G 'for all purposes' If it doesn't then by omission it is for all purposes which includes use by people coming to the house etc.