Rights of way law on a house

moneyistooshorttomention

The question of whether the neighbour concerned has had a chance to get in enough time to get prescriptive rights could probably be answered with the answer to just one question - how long has the garage been there?

If the garage has been there less than 20 years and there is nothing in the Deeds of either house - then that neighbour has no rights whatsoever (whatever they say). End of...

Neighbours like this can be "put back in their box" if need be and not create any further trouble later.

magpiecottage

This reminds me of Waterman v Boyle. Waterman did have a right of way but built a garage that could not be accessed without going onto land that he did not have a right to pass over.

In that instance, the Court of Appeal overturned a deicsion by a lower court that said that the right of way should be able to extend to cover it.

You do not want to walk into the dispute so I agree - the vendor should sort it. If they grant a ROW, you should renegotiate the price.

I would also want the vendor to put a wall along the boundary.

Davesnave

moneyistooshorttomention wrote: »

Neighbours like this can be "put back in their box" if need be and not create any further trouble later.

That may depend on whether the neighbour is an old fool, or a hulk with three feral teenagers indoors and a bevy of mates down at the pub who possess 'special skills.'

On this forum there have been instances when the consensus has been in favour of the poster moving on rather than pursuing a fruitless and energy sapping battle with neighbours.

So, while I agree that bullies can often be resisted and contained, the best situation is surely not to buy next door to one in the first place.

tomodo99

seller has no made no effort to resolve, have basically said to take it or leave it

mrschaucer

Fish. Sea. Plenty. I'd be walking.

Upsidedown_Bear

tomodo99 wrote: »

seller has no made no effort to resolve, have basically said to take it or leave it

I walked away from a property with similar issues.
It had been for sale a long time (occasionally rented out). It still hasn't sold (5 years on) and seems to be empty.

I'd walk away - it's too much hassle especially with a vendor who doesn't care/want to do anything.

penguingirl

Does this mean that you couldn't build a garage when neighbouring properties all have (as you'd presumably block their turning point).

I'd probably walk away, unless the property was very special

tomodo99

Id be able to build a garage still but have a shared drive infront of it... Can anyone please confirm to me the 20 year rule on getting a prescriptive right of way, does the person wanting the right of way have to prove they've been using it for 20 years or that previous owners have been using it for 20 years?

Land_Registry

Either tomodo99 - the key is at least 20 years continuous use.
Our Practice Guide explains the registration aspects and covers some of the essentials but in the same way as claiming ownership of land is legally complex so is claiming a right of way. The Guide does not cover the legal aspects for you so legal advice should always be sought

Mgman1965

I just managed to dodge a bullet like this thank heavens.

When I bought my present house noticed there was a screwed up gate in the fence between my garden and next doors.

When I asked my neighbor the other side about it she told me the couple that owned it before the couple I bought it off were really good friends and were in and out of each other's houses a and gardens all the time.

She also when the couple I bought it off moved in they immediately screwed the gate up which went down like a lead balloon and they never spoke to their new neighbors and ignored them.