Right of access - Terraced House

fryerrobin

stator wrote: »

You can't really amend the clause without the consent of the person who has the benefit of it, ie your neighbour

Understood, looks like my solicitor will have to contact them.

stator wrote: »

Does the wording mention a path, or a specific point on the boundary? If not and it's just general access, then you could possible route a path around the end of your garden, as long as it doesn't cause problems.

I think there is a path marked on the boundary, need to take another look.

stator wrote: »

You can put fences and self-closing gates up, as long as your neighbour has access and it doesn't stop him using it.

Fencing around the path is an option (though a last resort because it would ruin the garden). Self closing gates is an idea, but can any of the gates be locked? (if all users have keys).

fryerrobin

Gordon_Hose wrote: »

You misunderstand, the "potential drugs issue" you're worried about is a Police matter.

A RoW is exactly that, they can use it to get to their property. Not stand around having a few beers with their mates.

You can put a lock on, but you need to ensure they can unlock it to exercise their right of way.

It's a RoW, anyone wanting to cross your land to get to the property can use it.

Have a read of this: http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html

That's good to know, and a very useful website!


a gate is not considered as an obstruction of the right of way, provided that the users of the dominant tenement have the means of opening and/or unlocking the gate

fryerrobin

ciderboy2009 wrote: »

They are not required to close any gates and locking a gate (or attempting to move the right of way) could be classed as obstructing them.

That's a good point, although i can put locks on (with a key provided) they have no obligation to relock them. English law is a bit pathetic really, how can I possibly secure my property while such pitiful rules are in place. Self closing/locking could be an alternative.

Again, if the neighbour is of any normal human nature I will have no issues, but just researching this topic has led me to believe there are a lot of people that are unacceptable human beings.

Also I have to worry about if I do get a dog and it likes to play with people it might jump up at new people using the RoW and then dealing with their lawsuits.

Gordon_Hose

Having a self closing gate with a yale lock on it would secure the gate after the neighbour had used it. However, what is to stop burglars just climbing over the gate to gain access to the rear of your house?

It could happen any time, with or without a gate.

It sounds to me like you have too many ifs, buts & maybes in your mind, so much so that you might want to consider not buying the house. You can't control who moves in if your neighbours ever move. That's the risk you have to take.

davidmcn

fryerrobin wrote: »

Also I have to worry about if I do get a dog and it likes to play with people it might jump up at new people using the RoW and then dealing with their lawsuits.

Let us get this right - you're now worrying that the customers of your hypothetical drug-dealing neighbour will sue you because your hypothetical dog has attacked them? Ok, even if that happens, standard home insurance policies include cover for third party liability, so I think you'll be ok...

fryerrobin

davidmcn wrote: »

Let us get this right - you're now worrying that the customers of your hypothetical drug-dealing neighbour will sue you because your hypothetical dog has attacked them? Ok, even if that happens, standard home insurance policies include cover for third party liability, so I think you'll be ok...

:rotfl::rotfl::rotfl:

You can see I'm a bit of a worrier!

fryerrobin

This is the property, if you go to images 17/18/19 you will see the access is right next to the back of the house). In image 18 you can just about make out the gate on the left where a path route follows adjacent to the house and then down the side access.

From that you can see it would be pretty difficult to build a kind of fenced in arrangement of the RoW. I think the front gate will definitely have to be self shutting but not necessarily the access to the neighbours garden.

Gordon_Hose

That wouldn't worry me at all, it's a lovely house. If you can install a self closing gate with a Yale lock for security (giving your neighbour a key) at the front of the passage on the right I see no reason why it would be any sort of issue.

Like I said, you can't choose your neighbours if the present ones decide to move. I can see no reason why a bunch of misfits/druggies would move in next door, not at those prices. Although, if the next person rents it out then you might have an issue, but I still wouldn't let that stop me buying the house as, equally, you might keep the present neighbours for the time you are in ownership.

If you love the house then go for it.

Gordon_Hose

You could just fit a Yale lock to the existing gate, looks in decent condition.

fryerrobin

Gordon_Hose wrote: »

That wouldn't worry me at all, it's a lovely house. If you can install a self closing gate with a Yale lock for security (giving your neighbour a key) at the front of the passage on the right I see no reason why it would be any sort of issue.

Like I said, you can't choose your neighbours if the present ones decide to move. I can see no reason why a bunch of misfits/druggies would move in next door, not at those prices. Although, if the next person rents it out then you might have an issue, but I still wouldn't let that stop me buying the house as, equally, you might keep the present neighbours for the time you are in ownership.

If you love the house then go for it.

Well thanks bud, appreciate that. I still need to find out about the rent/ownership situation, EA was getting back to me on whether next door was rented out or owned. Like you rightly said neighbours can be bad for anyone no matter where they live, at least I know they haven't done anything severe at the moment as the police check came back clean.