Right of way amendment - advice please

princeofpounds

I was just soliciting opinions on what is proper or standard

What is proper and standard is that you keep and enforce your right of way.


You don't need any legal advice, unless you plan a compromise. The legal position is clear.

davidmcn

I also don't see what's wrong with the current arrangements, which in my experience are perfectly normal for this sort of set-up, and would suggest you politely refuse the request.

MobileSaver

insomniac_ut wrote: »

We 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.

As others have pointed out, this is a really bad proposal for you.

What you need to keep in mind is that while you may not use the garden that often, most potential buyers would find such a restriction to be a deal-breaker. You could almost make your house unsaleable as it would probably be the only house in the entire county where you had to give 24 hours notice to use your own garden!

DaftyDuck

Accept no changes whatsoever. Simple.

MobileSaver

princeofpounds wrote: »

What is proper and standard is that you keep and enforce your right of way.

You don't need any legal advice, unless you plan a compromise. The legal position is clear.

^ This.

The only compromise you should consider is if the other party give up part of their garden so that you have your own private access to your garden without impinging on theirs.

As someone else mentioned I wouldn't get any legal advice unless the other party first agrees to cover your legal costs. At this stage the only beneficiary of any change is the other party so there's no legal or moral reason why you should be out of pocket.

AdrianC

Ah, yes - that's a big difference. I'd be fine with a change of route - which is what I thought we were talking about - but not with having to give notice. If the buyers fall out over that, then you've lost some potential nightmare neighbours, imho.

DRP

princeofpounds wrote: »

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.

^this

the only proposal i would accept is this.

It is win-win as:

• you get improved access and the ability to pass to/from your garden in privacy.
• they get no risk of an invasion by the neighbours and their family whilst sunbathing in the nud!

sheramber

I would not consider buying a house with restricted access to and from the garden. Although you use it rarely someone else might need more access e.g , for a bicycle on a daily basis.

Where is the connecting door in the fence- at the house or further down the garden?

If at the house could access be given across the bottom of the neighbour's garden where a passage could be screened off if necessary.

DTDfanBoy

I'm not sure why so many people think that the ROW is needed by the OP to access their own garden, they have made it clear that that isn't the case.

Like a few others I'd be asking that they fence the rear of their garden to create private route for you to access the alleyway, they get the privacy they want and you retain unrestricted access, if they aren't happy with that they're probably not the sort of neighbours you want anyway.

princeofpounds

I'm not sure why so many people think that the ROW is needed by the OP to access their own garden, they have made it clear that that isn't the case.

It's not about access. It is about easy ground level access. You try pulling gravel, paving slabs, bins, garden equipment, plants upstairs, through your home, downstairs again.


If you need building works at the back of the house (windows, roof, TV dish), imagine builders tramping, scaffolds and ladders being lugged through the house.


Imagine having to crane over large construction equipment, bricks, fencing. The cost would be hideous.

Like a few others I'd be asking that they fence the rear of their garden to create private route for you to access the alleyway

No, it is not enough for them merely to fence off an area of their garden. That is just a restriction of the OP's right of way, which can create legal problems down the line. It would need become part of the OP's garden.