Removing Right of Way from terraced house.

slowpoke_rodriguez

I have put an offer in on an end of terrace house. It is one of three in the terrace and the middle house has a right of way up my front path, round the side , and through the back garden. I have two dogs who probably wouldn't take too kindly to uninvited guests strolling around their patch.
I was thinking of maybe fencing off a path specifically for this right of way to avoid any unnecessary chomping and gnashing, but it will make the garden much smaller.
Both the end house (mine, hopefully) and the middle house are currently owned, and being sold, by the same vendor. Would it be possible, while in the same ownership, to annul or rescind the right of way?
I'm not sure what the deeds say or what type of ROW it is, whether it's just for the owner or their "agents", friends, Uncle Tom Cobley et al...

Thanks in advance for any help.

LHW99

Part of the work of the conveyancing solicitor would be to examine what this right of way covers I should think.
It may be because the middle terrace is unable to access the rear of its property except through the house itself. Rescinding that right could cause problems.

unforeseen

If they are currently both in the same ownership then any existing ROW is already annulled, so believe

ETA
Yep
From http://www.quinnlaw.co.uk/how-a-right-of-way-can-be-lost/

Generally once an easement or right of way has arisen it will continue indefinitely unless it is extinguished or released.
In order for an easement or right of way to be extinguished then both the dominant land (the land with the right to an easement or profit) and the servient land (the land over which the right can be exercised) must both come into the common ownership and possession in fee simple of the same owner. The principle here is that a person cannot have rights against himself. Once an easement or right of way is extinguished then it cannot be revived at a later date should both plots be separated and sold off to different owners.

Also try Garden Law. That has people who are well versed in easements/ROWS and can confirm it for you

anselld

slowpoke_rodriguez wrote: »

Would it be possible, while in the same ownership, to annul or rescind the right of way?

Possible, but unlikely to be agreed by vendor since
(a) it would incur significant legal work
(b) there is presumably some practical purpose to the ROW for the middle house which would lose value or become less attractive without the ROW.

Far easier to find a buyer who doesn't have that issue.

[Deleted User]

If you have dogs, best to find another house where easier to keep them and neighbours safe

phoebe1989seb

deannatrois wrote: »

If you have dogs, best to find another house where easier to keep them and neighbours safe

My thoughts too......when buying our current house (we didn't have dogs when we purchased our previous one), one of the most important criteria on our long list was a private, non-overlooked garden, large enough for our two dogs to let off steam without annoying any neighbours whilst ensuring their safety - dogs and residents

Sounds like this house isn't the one, OP......

sulphate

How do you expect the occupants of the middle house to bring their bins, bikes etc to their garden if a RTW is annulled?

If you don't want a house with a RTW then buy one without.

That being said, we've lived in a terrace with a RTW for 3 years and no one has used it yet.

pimento

sulphate wrote: »

How do you expect the occupants of the middle house to bring their bins, bikes etc to their garden if a RTW is annulled?

If you don't want a house with a RTW then buy one without.

That being said, we've lived in a terrace with a RTW for 3 years and no one has used it yet.

We lived in a terraced house with no access round the back and had to take everything through the house. Hundreds of thousands of people who live in similar terraced houses do the same.

unforeseen

sulphate wrote: »

How do you expect the occupants of the middle house to bring their bins, bikes etc to their garden if a RTW is annulled?

If you don't want a house with a RTW then buy one without.

That being said, we've lived in a terrace with a RTW for 3 years and no one has used it yet.

The ROW was extinguished as soon as both houses came under common ownership. whoever lives in the middle house after the end house is sold has a big problem.

I don't even think an 'easement of necessity' could even be applied for.

Also the extinguished ROW can not be reinstated on sale of either house. A new ROW will need to be negotiated if access is wanted.

moneyistooshorttomention

unforeseen wrote: »

If they are currently both in the same ownership then any existing ROW is already annulled, so believe

ETA
Yep
From http://www.quinnlaw.co.uk/how-a-right-of-way-can-be-lost/

Also try Garden Law. That has people who are well versed in easements/ROWS and can confirm it for you

I've certainly read some legal bods stating categorically that if 2 properties are in the same ownership then a ROW of one of them over the other one of them no longer exists. Guess it would be down to principle of why would anyone need a ROW over their own property to their own other property. There is some fancy legal name for this principle - but I cant recall it at present.

You'd need to clarify that, once the 2 properties are in different ownership that the ROW remained "dead" for sure - but I believe it would. Just needs a check on that point.

slowpoke_rodriguez

sulphate wrote: »

How do you expect the occupants of the middle house to bring their bins, bikes etc to their garden if a RTW is annulled?

.

by taking their stuff around the other end of the terrace, over which they also have a right of way.

I'm not averse to a weekly "bin run" through the garden; I just don't want it to become the default route of choice. Bin there, done that.

Thanks for the help, one and all. It's been most informative!