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The right of way
Asas
Posts: 23 Forumite
Hello.
I am in the process of buying a house and there is one problem.
It's the mid terraced house and at the back of garden there is a footpath going around the side of the end of terraced house for bins etc. The problem is the right of way shown in the deed are not actually connected to the highway. It is only halfway. So the right of way on that footpath is only half way to the side of the neighbours and then stops.
Our solicitor thinks it is not a big problem because the vendor is using it without any trouble with the neighbour. However if the new neighbour moves in in the future it might be a different story. Our solicitor says technically the title Is defective.
What are my options?
Thanks in advance.
I am in the process of buying a house and there is one problem.
It's the mid terraced house and at the back of garden there is a footpath going around the side of the end of terraced house for bins etc. The problem is the right of way shown in the deed are not actually connected to the highway. It is only halfway. So the right of way on that footpath is only half way to the side of the neighbours and then stops.
Our solicitor thinks it is not a big problem because the vendor is using it without any trouble with the neighbour. However if the new neighbour moves in in the future it might be a different story. Our solicitor says technically the title Is defective.
What are my options?
Thanks in advance.
0
Comments
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How old is the house? An automatic ROW is established with the passage of time.
So if it's been used this way for 20 years without complaint then the ROW is established and can't be changed.0 -
It was built in 1974. The vendor has owned it since 2002. It is really strange. Both solicitors said that there must be a mistake in the plan. However I don't know what to make of it. I don't want any potential trouble.
According to the right of way I can use only halfway on the footpath and then I will have to fly to put my bin to the highway.
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Does it pass through the other properties' gardens, or run behind them? ie Who owns the footpath?0
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It's behind the garden. The footpath behind my(?) garden is within my boundary ( the other side of the neighbour has the right of way over it) and the rest to the neighbour at the end of terrace.0
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Unclear.
Does the part of footpath over which you do not have ROW pass within the boundary (forget 'garden') of the neighbour, or behind/outside the boundary? If outside, who owns it?It's behind the garden. The footpath behind my(?) garden is within my boundary ( the other side of the neighbour has the right of way over it) and the rest to the neighbour at the end of terrace.
Inother words, whose land would you have to walk on?0 -
If it doesn't go to the highway, where does it go - to an alleyway of some kind or just to a dead end?0
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