Paying for right of way?

charliewocka

Has anybody heard of having to pay for your right of way? I need to go and check our deeds properly when I get home but have received information from a neighbour that as we have not paid for maintenance and upkeep of their path that we have right of way to access the rear of our property the access has been relinquished. We've never had a letter or documentation about this, and so would have expected formal notification at the time of this happening (a few years ago ago apparently). We don't recall ever seeing anything saying we had to pay for maintenance and upkeep, and off the top of our heads it just states that we have right of way to access the rear of our property via the path that runs up the side of the other property.


As I said, will check the wording fully and consult our conveyancor for full clarification but my partner (who originally bought the property, I became part owner after) doesn't recall this. We don't actually use the access at the moment, but we want to maintain it as otherwise cannot access rear of property other than through the property.

Guest101

Sounds like an attempt to coerse you.


Have they ever asked for payment? - there's your answer.


I'd politely reply saying:


Dear X,


I'm sorry to have received your letter regarding our right of way. However I'd be happy to contribute towards some of the maintenance costs. Feel free to give me a call and pop over for a brew to discuss


Best wishes ...


Alternatively you can be assertive and say:
I'd suggest you seek legal advice about this situation as it is our position that you cannot unilaterally withdraw our rights.


But I'd go with option 1

charliewocka

Thanks Guest101,


No, never been asked. Didn't think you could remove somebody's ROW and so will probably have a chat with them and ask to clarify what is going on (luckily we have a very good relationship with them, think tea and cake ;)and it could just be a misunderstanding on their part).


When we (or my partner) originally bought the house, there could not have been an error on the ROW could there, in that it was removed during the previous owners occupancy and not made aware to the land registry or whoever is responsible for recording this? It is definitely written into the deeds that we can only access the rear of the property through this way, and not the other neighbours, and when I went onto the mortgage the solicitor told me that the ROW must be highlighted it is through their property (path) and not the other

Guest101

Until you check what it says I wouldn't want to say if its valid or not, id guess it is valid, but you never know

PasturesNew

You need to check the deeds, see what they say. That is the ONLY correct way of knowing.

Many DO include a clause for paying something towards upkeep. Many others don't.

The only way for you to know about your path is to read your deeds.

If you don't understand them, then type up the relevant parts here and people will pick it apart and explain what it says.... but it's usually obvious to spot as there are the words upkeep or maintenance included there.

G_M

Before writing your letter or popping round with a cake, read your Title documents. It may be specified in the Land Reg Title (possibky also outlined in the LR Plan), or it may be in an associated document (eg a Conveyance) referenced in the Title.

Also worth looking at the neighbour's Title - it should be in there too.

Land Registry here.

Yes - many ROWs require a maintenance fee - it should say.

But yes - they need to send you a bill. They can't just cancel the ROW.

dc197

I don't think anyone can remove a ROW just by imagining that your right no longer exists. They might be able to do that if your access were under an informal agreement, but not if it's allowed via a right.
I don't think you can be charged for a right of way: it is your RIGHT after all.
Defo go back to original solicitor through whom your partner bought the house. If they made a mistake that means you are now out of pocket, you could pursue them.

"We don't actually use the access at the moment"
Well, if you started to use it, or have ever used it, you would have precedent for continued access.

eddddy

Guest101 wrote: »

...However I'd be happy to contribute towards some of the maintenance costs....

I would be very careful about offering to contribute maintenance costs - unless the deeds require you to.

It might be seen as agreeing that you (and future owners of your property) have a duty to pay for maintenance of the access.

Check your deeds!

If the deeds say you have a right of way over your neighbour's land and there is no requirement for you to pay for maintenance - your neighbour bought their property with full knowledge of that (and perhaps paid a lower price for the property to compensate).

It sounds like your neighbour is trying it on!

Guest101

Hence the words contribute.


I could pay a penny and be contributing towards something


It opens up dialogue options.

G_M

dc197 wrote: »

...
I don't think you can be charged for a right of way: it is your RIGHT after all.
Defo go back to original solicitor through whom your partner bought the house..

Sorry - very dodgy advice.

Rights can be subject to conditions.
* I have a right to drive my car on public roads, but must pay road tax [etc]
* people with the lease to a flat have a right to live in their flats, but must pay annual fees for maintenance etc

Pointless to go rushing back to solicitor till you know the facts. Read the Title documents. £3 to the LR, and a tea & cake with the neighbours could easily sort this without it escalating.

danslenoir

As has already been recommended, check your deeds.

If the ROW and any relevant clauses are not detailed on there, also pay to get a copy of your neighbour's title register/plan from the Land Registry website. As was the case in our recent purchase, the ROW was detailed in the neighbour's title register but not ours. If this is the case (not uncommon), it might be worth asking your conveyancer to apply for the relevant wording to be added to your title register too - this took about 4 weeks for the Land Registry to action in our case, which they did without any quibble.