How much would you charge / pay for right of way?

exiled_red

Asking other people who have ROW what their arrangement it would be the best, find out if they have a formal or informal ROW and decide whether you wnat/need a formal ROW, bareing in mind that an informal arrangement could be revoked at some point, but that a formal arrangement will likely bce costly.

Davesnave

bouicca21 wrote: »

Would gaining access over the track enable you to improve your home and/or create another dwelling? That's what I'd be asking if I owned the track.

Good answer, especially the second part of the question.

Even if another dwelling isn't possible under current legislation, that can, and does, change. Any clued-up owner of an access is going to look at that, which casts a whole new light on the matter if the space exists.

My set-up sounds very similar to yours. I have access at the front, but an earlier extension of the house has blocked vehicle access to the back. There's a shared lane running alongside, however, so I could go through the hedge further down the garden, as you are considering.

Imagine I applied to do that. If I owned that shared lane, I'd look at the situation, see room for another property and take that into account, because without that access, there could never be another property here, now or in the future. That's quite a sobering thought for anyone thinking of £1 or £2k as a fair price!

Davesnave

mac08 wrote: »

Neighbours have right of way over some of my land. I personally would not give right of way to anyone else, even for all the tea in China.

Somewhat different here, though, as 5 properties and all the delivery vans, guests etc already have access.

Ozzuk

You'll have to pay both yours and his fees, probably around 1-1.6k for ROW creation (easier as some already in place). You could employ a land surveyor, cost would be 200-300 and they can indicate the land access value but in reality the value is whatever they are prepared to accept and you to offer.

For the ROW as described, if I really wanted it I'd probably offer 5-6k all in, take it or leave it type deal.

Windsor430

Regarding the "option to create another dwelling" - I should've said there is no patch of land / garden space that would allow that, as that also entered my mind as a potential pitfall... Fortunately for this matter there's barely space for a greenhouse & a patio on any one side (fairly symmetrical garden with house slap bang in the middle)!!

The other 5 or 6 houses with right of way / access have a permanent agreement that stems from all the properties construction or renovation many many years ago (i.e. 50+ yrs) - so is a long-standing agreement & goes with any house sale vs. specific to the individuals.

Solicitor & land registry fees are a good point too & I'd happily / have to absorb.

moneyistooshorttomention

The "option for another dwelling" referred to may not necessarily base itself around existing dwelling set-up and a developer could just come in and "make an offer that couldnt be refused" en masse to all houses involved.

Yep..I've thought round that one myself re my present road. There is potential for development here - but one house is pivotal as to whether that would ever happen (and that person is me in the event....). With my consent - the door would be open. Without my consent = no chance. Sometimes one house is in a position to ensure their immediate surroundings remain exactly as they've chosen:)

Windsor430

The track also has a public footpath (on top?) the full length - so members of the public also have an existing right of way... but obviously someone walking their dog is not the same as my car... but still, an interesting point, as I guess I could have a hole in the hedge at least to go walking on the footpath?

Davesnave

Windsor430 wrote: »

Regarding the "option to create another dwelling" - I should've said there is no patch of land / garden space that would allow that,

That helps as regards price and the likelihood of success I'd say,

MITSTM, purchase , demolition and re-development only happens in areas where land prices are high; not a situation that pertains in West Wales, or my part of Devon for that matter.

If the OP does live around Windsor, well, that's a different sort of place altogether!

tom9980

These things can be tricky to work out, take this scenario;

Property very nice character property 3/4 Bedroom stone built in approx 1750 it has 8 acres of land and two barns, it used to be a Mill house so all the local farms had tracks to the property.

The property is basically landlocked and 800-1000 metres to the nearest public road in all directions.

There are no mentions of rights of way on any deeds that we are aware of and none are registered on the Land registry anyway being owned for decades by families who often have owned for 50+ years.

The main route to the property has been used for 30 years by current owner and 40+ by the previous owner and there is documentary evidence of that, plus insurance backing it up. its not in dispute at all.

Now the main route is 1/3 stone track in poor state but easy to repair. 1/3 mix of rubble and mud and the middle 1/3 is literally a field. Current owner uses a 4x4 and previous owner was a horse and cart rag and bone type, they simply loved the isolation so a track was never an issue until recently.

The route is marked on maps for 100+ years, its pretty clear that no modern judge would land lock this property given the evidence, despite there being no modern formal easement. The problem being the land owner doesn't want a track built and doesn't want to discuss it. Dave will know this kind of land owner well i suspect! i personally think it highly likely this owner plowed in the old sunken track many decades ago.

The other solution is to build a track in the opposite direction approx 700 metres worth to a small road over another farmers land, The cost of that is 25k or so alone then the question becomes how much does the "nice" farmer want for that given it could increase the possible value of the property by 100k over an auction price. The farmer will be talking to the property owner in the next month about this.

We are left with

Option A use existing route with unknown legal costs to force it through, all dependant on how stubborn the land owner is.

Option B creating new route with minimum 25k in costs + whatever the farmer wants for the creation of this new route over his land. At least the costs become more certain.

All of this must happen in the next year or two because of the health of the owners of the property.

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As to comment on the OP i think your situation is much more straight forward and the key really is the relationship with the owners of the land, it really becomes much easier if they are on board, i see no reason why they wouldn't welcome a few £k for something so straight forward.