Right of way amendment - advice please

princeofpounds

And why on earth would you want to surrender any part of this right?

The OP is likely just a helpful person by nature. That's ok, they just need to understand that it's not an insignificant matter. Rights of way aren't always priceless and it can make sense to change them if the compensation is advantageous.


In particular in this situation I am wondering if the layout permits the neighbour giving the OP a strip of garden at the back that allows them a permanent and owned path to the alleyway without having to cross the neighbour's garden.

theEnd

I would imagine the wording is so loose, that legally you could just use their garden whenever you want. The buyers solicitor has picked up on this and asking for it to be changed.

Puts you in a strong position as the buyers/sellers need this change, but you do not. Could you ask to fence off a further alley from the existing alley to your garden and amend the leases to include the rights to just that. They'd have more privacy, you'd have more appropriate access and the solicitor will be happier to proceed.

insomniac_ut

princeofpounds wrote: »

As to helping us understand the layout:

- To be clear, you live on the first floor and your neighbour on the ground floor?

Yes, that is correct

princeofpounds wrote: »

- The property is semi-detached; if we face the house from the road, is the alleyway and the left and the neighbouring house on the right, or vice versa?

Vice versa. The alleyway runs all the way down the right side of the house, and the neighbouring house is on the left.

princeofpounds wrote: »

- When you say the garden is split, do you own the right half/left half (from the same perspective above), or the back half/front half?

We own left half, sandwiched between neighbouring garden on the left and downstairs garden on the right.

princeofpounds wrote: »

- How far back does the alleyway extend?

About 20 metres. It ends at the fences of the houses that are at the back or ours.

princeofpounds wrote: »

- How do you access your part of the garden currently?

We have direct and independent access through our kitchen, which has a set of steps descending to our half of the garden.

princeofpounds wrote: »

- How exactly do you travel from your garden to the alleyway over the neighbour's garden?

There is a connecting door in the fence that divides our half from our downstairs neighbour's half.

princeofpounds wrote: »

- How do you both enter the front of your house?

Independently. There are two doors in the front of the property.

princeofpounds wrote: »

To put it bluntly, having ground level access to a garden is a valuable thing. You might want to bring plants in. Soil. Wheelbarrows. Gravel. A shed. This is all very difficult to traipse through your house, up stairs, down stairs.

Which is exactly what has precipitated this post in the first place. We use exercise the right of way rarely but would want to retain access for outdoor deliveries, lost pets, etc. What is currently being proposed is 24 hour pre-approval except in emergencies.

I'd like to arrive at a mutually beneficial compromise without necessarily subordinating our rights and without it having a tangible negative effect on the value of our property. Not sure if that's possible.

Thanks.

stator

I wouldn't give away free access. I would want to access from my garden to the street all times of the day without having to ask.
If you give away this right it will put people off your house.

You might give away night time access, in exchange for some money. Say £500 + legal fees to restrict your access to between 8am and 9pm?
But I don't think it's worth the hassle.
It's their problem, not yours

eddddy

insomniac_ut wrote: »

The current right of way doesn't require pre-approval for us to go through the neighbour's garden into the alley. It is this agreement that is being amended.

Am I reading this right. The suggestion is that you would need pre-approval to go to and from your own garden?

Does the buyer's solicitor actually understand the layout of the property, or have they just seen a right of way agreement and jumped to conclusions?

I think you should say to the buyer (or their solicitor) :

"I will instruct a solicitor to check the agreement and take their advice, as long as you agree to pay my solicitor's fees.

I will not enter into any agreement without legal advice."


ETA - and make sure your solicitor understands the layout of your property and garden.

AnnieO1234

Why on earth are you wanting to do this? Unless they form an independent path as suggested above, then it would seem anything you do would be to your detriment? Xxx

Mojisola

insomniac_ut wrote: »

I've been informed by the buyer's solicitors that it's current structure is very loose and gives us virtually unrestricted access with no prior approval required.

And this is perfectly normal and you'd be foolish to agree to any restrictions on your access.

If the buyers don't like the ROW across their property, they should buy a different house.

laidbackgjr

Requiring 24hrs notice is ridiculous, I wouldn't buy a house where I had to give my neighbours 24hrs notice to access my garden.

I would think you would be seriously devaluing your property by doing this.

How much compensation is your neighbour prepared to pay you in exchange for reducing the value of your property?

princeofpounds

OK thanks for all the extra info. Now it is clear.


To remove or restrict the right of way I personally would require a lot of money. I don't think it's really a viable option.


You may wish to think about proposing they give you the back 2.5 metres (at least similar width to the alleyway anyway) of their garden. You then fence off your own private passageway. They have a smaller garden, but no risk of you walking around in their garden. They might say no.


I think that's about the only sensible compromise available, and only do it if it suits you.

insomniac_ut

Just to be clear, we've refused the 24 hour stipulation. I was just soliciting opinions on what is proper or standard as these buyers could potentially be our new neighbours.

I will take legal advice, thank you for the information.