Help - Right of way question

BHB

Davesnave wrote: »

Yes, it would be possible to specify a particular use for the blue route.

The problem comes when trying to exercise that right on a very occasional basis, as you can bet that some neighbours would be 'out' whenever you arranged for the tanker to call.

Davesnave ..... I'm being thick here....


Do you mean they would never see me use the ROW so they could dispute it or that they would need to be there to 'unlock the gate' ?
Not sure what you are getting at


Cheers
BHB

*Robin*

stator wrote: »

Luckily you are in a perfect negotiating position: They don't have anything you NEED, but you have something they need. So if you want to demand a road in exchange for removing the ROW, they can pay for it or bog off

While they're building your nice new road, they can remove the dodgy conifers as part of the deal.

Good luck OP, you appear to be in a strong position.

Mojisola

BHB wrote: »

Do you mean they would never see me use the ROW so they could dispute it or that they would need to be there to 'unlock the gate' ?
Not sure what you are getting at

There are plenty of stories on other forums like gardenlaw where people describe the ways an owner can made a ROW's user life difficult.

BHB

*Robin* wrote: »

While they're building your nice new road, they can remove the dodgy conifers as part of the deal.

Now that I would like to see

BHB

Mojisola wrote: »

There are plenty of stories on other forums like gardenlaw where people describe the ways an owner can made a ROW's user life difficult.

Thanks Mojisola. I see what you mean.
Though WE are probably the neighbours from hell :rotfl:

Davesnave

BHB wrote: »

Davesnave ....
Not sure what you are getting at
Cheers
BHB

Sorry, it was me who wasn't making things clear.

I was just pointing out that there can be a difference in the way people view a right which is used daily and one which is very occasional.

Ironically, although daily use is more intrusive, it is far less likely to be impeded by locked gates and the like. Once the RoW is unused for months on end, a neighbour may feel it is OK to put n 'security' measures, restricting access, because use is so rare.

Hedgehog99

BHB wrote: »

Thanks Stator.


That's the trouble - am feeling a bit pressured. The trouble is that the people that want to buy seem really nice and 'our' type of people.

They can't be that nice if they haven't even agreed to buy yet and they're ordering everyone around.

Surely it's up to them as buyers to either buy it as it is or not - not to go trying to move an established ROW. The buyers and sellers know the price is lower because of the ROW. Either that's a good discount for the buyer or dealbreaker.

Stick to your ROW.

Davesnave

Mojisola wrote: »

There are plenty of stories on other forums like gardenlaw where people describe the ways an owner can made a ROW's user life difficult.

That blooming dog again!

Mojisola

Hedgehog99 wrote: »

They can't be that nice if they haven't even agreed to buy yet and they're ordering everyone around.

Surely it's up to them as buyers to either buy it as it is or not - not to go trying to move an established ROW. The buyers and sellers know the price is lower because of the ROW. Either that's a good discount for the buyer or dealbreaker.

I think it's a good sign. If they can't move the ROW, they won't buy.

I'd be much more worried about a neighbour who moved in and then tried to force a change.

BHB

Hedgehog99 wrote: »

They can't be that nice if they haven't even agreed to buy yet and they're ordering everyone around.

Surely it's up to them as buyers to either buy it as it is or not - not to go trying to move an established ROW. The buyers and sellers know the price is lower because of the ROW. Either that's a good discount for the buyer or dealbreaker.

Stick to your ROW.

That I think is the crux of the matter., The estate agent when valuing DIDN'T realise we had right of way. The property was marketed with a price assuming no right of way.
The sale has fallen through once due to the right of way coming up later in proceedings and now is an issue again.


If it had been marketed with the correct information, the price would have been much lower and we wouldn't be in this position. Hence my query with the sums of money.


At one point we had the estate agent knocking at the door saying "sign this bit of paper to say you will allow the ROW to be moved". Obviously we asked her nicely to leave.

Mojisola wrote: »

I think it's a good sign. If they can't move the ROW, they won't buy.

I'd be much more worried about a neighbour who moved in and then tried to force a change.

I agree totally, we are trying to tread a very fine line without being ripped off or left vulnerable.


Thanks again every for your comments.