Buying right of access

Stuart1918

Hi all, thank you very much for the prompt responses. Hopefully I've answered all the questions with the below.

He won't sell the land, he likes the privacy it provides his property at the side from our other neighbours. He only wants to extinguish his right of access for £25k. He doesn't have planning permission and it's unlikely that he will get it so the land is pretty much worthless.

The easement clearly states that access is to that specific plot of land for the owner of the house next door and his servants. If he sold the land separately to his house, it would no longer be enforceable and so of no use to a 3rd party. So as the easement is so specific, he can't technically even use the access through our property to get to his house via this land, even though he owns both plots.

Yes, he wants me to pay him to remove his right of access, which as you say would make the land inaccessible but he would then look to open up access from his property next door or expand his house into the land with a conservatory for example. Obviously he would need planning approval for that as its in a conservation area and currently the council have taken a very dim view of any building work on the land at all.

Status quo is that he's turning a large portion of the land into a garden which he can access via a step over the wall between his house and the land, and he's using the smaller bottom part of it for parking his work vehicles via access up our driveway.

Stuart1918

So my choices come down to:

1. Pay £25k for the peace of mind that no-one will ever be able to go up my driveway again (which could potentially increase my house value by that amount but I would have to check with a surveyor)

2. Wait to see what he tries to do with the land, which will for the foreseeable future just be a van coming up and down a few times a week (if he does try to build on it, the council have been clear he can't use my drive and a previously approved application included the extinguishing of access through my drive at zero cost to me). Even if he did get planning permission with access from our drive, the people he sold the new developments to would not be able to use our drive.

3. Hope that he gets a planning application like the last one he put in approved. He suggested one way access to the land, in through our driveway and out through his. As the easement for right of access over our land only allows for access to the plot behind, he would have to pay me a vast sum for me to change the easement to allow for accessing anything beyond that land.

Either way, I'm just trying to get to know the bloke because if I could meet him half way at closer to £10k, then I would pay the price. But £25k just for the removal of a few van trips a week seems a hefty price to pay.

mije1983

Stuart1918 wrote: »

if he does try to build on it, the council have been clear he can't use my drive and a previously approved application included the extinguishing of access through my drive at zero cost to me

What did he get approval for? You originally said he has been refused completely for any development.

Stuart1918

The previous owner had approval to build on the land as long as the access through my property was extinguished and a new access was created from his land at the side. Which I supported as I don't mind the land being built and it would have cost me nothing, as opposed to the £25k the new owner wants presently. The current owner allowed the planning permission to expire as he would rather use the access already in place. He has tried 3 times to get planning approval on that basis and failed each time.

Stuart1918

The land is currently classed as garden space. It was previously an orchard.

moneyistooshorttomention

I can understand where he is coming from - but he does seem to be asking for a lot of money just to not drive up and down your drive a few times a week! I don't know how dear a part of the country you live in - but I would tend to not be prepared to pay more than £10k max for that in my home area and £5k in my current area.

It rather looks as if he intends to start using his other bit of land anyway and could get access to it anyway (apart from by vehicle). Since that land looks like it cant be developed anyway - then why would he even particularly want to get to it by vehicle anyway?

It sounds to me somewhat like he wants "money for old rope" basically. In your position - I'd probably offer him £5k and say "Take it or leave it. It's not that much skin off my nose if you keep using my drive". I'm wondering whether he has, in fact, been deliberately using your drive needlessly just because he can - in order to make the point to you that your privacy is being invaded and he has the right to do so. That may be something he has been doing in order to put pressure on you to pay him a hefty sum to stop doing so.

bouicca21

I'd be wondering if he was going to revert to that old planning application; get money off OP, submit plans with a new access.

I have a nasty suspicious mind.

Norman_Castle

Stuart1918 wrote: »

1. Pay £25k for the peace of mind that no-one will ever be able to go up my driveway again (which could potentially increase my house value by that amount but I would have to check with a surveyor)

As you sound indifferent to the current use finding out how it affects your house value would be an indication of a fair price.

Mossfarr

Planning permission may have been refused in the past but doesn't mean it will never be granted in the future. With the govt promising to build more houses and the relaxation of planning regulations you could possibly end up with a housing estate behind you - with all occupants driving along the current access!
For peace of mind I would buy it - but I would negotiate the price!

martindow

A right of access across your plot will put off some buyers and affect the value of your house. If the ROW is extinguished it could add to the value of your house - I would get an estate agent round to discuss a possible change in value.

This could guide you in setting a level for a counter offer to your neighbour. You also need to negotiate who covers legal fees if you go ahead.