Right of access - Terraced House

Kevie192

This is a pretty standard arrangement with terraced houses around the country. If you don't like the thought of this, you're going to have to buy one at the end with no RoW or don't buy this kind of terrace at all...

The chances of you getting this changed or amended seem to be slim to none so I think it's either live with it or don't buy the house.

Ozzuk

Agree with above, it's already bothering you so why move there? I'd look elsewhere - in fact, I would pretty much never buy any property with RoW attached and have walked away from lovely properties in the country because of them.

I can imagine being sat there having a bbq and all of a sudden my neighbour pushes his bin past. Its a little thing, but would really, really wind me up - my house is my castle! (albeit a very small one shaped like a bungalow).

Mgman1965

With all your what ifs and maybe's this does not sound the type of property for you. I'd look elsewhere because it sounds like it would be a constant worry for you.

Dan-Dan

It`s a small world , i used to live on that road , the ROW is the least of your worries , its a rat run road , drunks route home and the parking is horrendous

moneyistooshorttomention

Dan-Dan wrote: »

It`s a small world , i used to live on that road , the ROW is the least of your worries , its a rat run road , drunks route home and the parking is horrendous

Well I guess that's answered that question then, ie as to whether to buy it.

Shame...about that and the access right...as it does look a nice house.

Presumably there is a noticeable reduction on the price being asked for that house, as compared to one with "private" gardens? How much is that reduction to allow for the "invasion of privacy" factor?

If the answer = no reduction to allow for that. Then there's your answer again as to whether to buy it or no.

EDIT: Then, on the other hand, what are the other properties like too? Just been back for another look at it and thought "I'd barely have to do a thing to it by the look of it...just a little bit of redecoration and that wouldn't be urgent if I were in OPs position".

Land_Registry

Looks like this has been broadly covered already but it may help to add in the registration aspects regarding the right of access as it is registered on the title you are buying.

If the right is to be altered/removed then you would need to involve those who have the benefit of the right. If your title simply states that you are subject to the right then it may take a bit of investigation of the adjoining titles to see if the benefit is also registered.

Clearly with terraced houses it does not take too much working out who might/will have the benefit and therefore who to approach to secure any alteration/removal.

Any such change would need to be formalised legally by way of a deed or deeds as appropriate and then registered against each affected title.

There may also be the possibility, especially if adjoining titles are silent re the right, that some have acquired the right over time. However based on what you have posted that seems unlikely and that they have a registered right and are aware of it.

The issues around a locked gate etc are matters which could be included within any deed simply as additional provisions/conditions but as with any conveyancing matter the more conditions put in place the greater the risk that others may not agree to any changes?

moneyistooshorttomention

I guess LR Rep can confirm but, from memory, I believe the legal position is that its only been obligatory for both parties involved in this sort of thing (ie the home-owner and the beneficiary of the Right) to have that fact registered on their Title Plan details since 2013. So its quite possible that one of the parties concerned might not have that down on paper.

So this house would have to have it down on its details, and I would imagine that neither house (this one or that beneficiary neighbour) have changed hands since that point in 2013, so perfectly possible that beneficiary neighbour doesn't have it down on their Title Plan. I assume that the neighbour would have to now put it down there on their TP at the point this house sells?? Can LR confirm? (I cant see how both houses would have it down on paper unless there was an obligation for all "neighbour houses" since that 2013 date to put it down on their TP's too). Presumably the solicitor of this house that OP wants to buy would be due to ensure neighbours TP was amended to include this access (with attendant obligation to pay the cost of doing so)???

AnnieO1234

Do you really think that some wording on a document lodged at Åland Registry will stop done ignorant barstool abusing your land with or without RoW? If you're this concerned now walk away and buy a detached with no open plan nonsense that you can fence all around. Anything else will be a compromise to one degree or another.

Xxx

Land_Registry

moneyistooshorttomention wrote: »

I guess LR Rep can confirm but, from memory, I believe the legal position is that its only been obligatory for both parties involved in this sort of thing (ie the home-owner and the beneficiary of the Right) to have that fact registered on their Title Plan details since 2013. So its quite possible that one of the parties concerned might not have that down on paper.

So this house would have to have it down on its details, and I would imagine that neither house (this one or that beneficiary neighbour) have changed hands since that point in 2013, so perfectly possible that beneficiary neighbour doesn't have it down on their Title Plan. I assume that the neighbour would have to now put it down there on their TP at the point this house sells?? Can LR confirm? (I cant see how both houses would have it down on paper unless there was an obligation for all "neighbour houses" since that 2013 date to put it down on their TP's too). Presumably the solicitor of this house that OP wants to buy would be due to ensure neighbours TP was amended to include this access (with attendant obligation to pay the cost of doing so)???

I'm no too sure what the relevance of 2013 is here although I suspect you are referring to changes to how overriding interests (ORI) are treated 10 years on from the Land Registration Act 2002 implementation date. The right being referred to is not an ORI though.

The adjoining title(s) may have the benefit recorded and some may also be subject to a right as they are in the middle of the terrace? If the rights are all registered then changes/removal might be a lot easier but the more parties involved the harder it might be to get them all to agree of course

DaftyDuck

Dan-Dan wrote: »

It`s a small world , i used to live on that road , the ROW is the least of your worries , its a rat run road , drunks route home and the parking is horrendous

Yeah but, now you've moved, no drunks left.....:D :beer: