Extinguishing a right of access

J_B

Ozzuk wrote: »

Download yours and his title deeds, will only cost a few pound, and check what it says about right of access.

I *think* that when you d/l the deeds from the LR site that it will only say something to the effect of 'subject to an agreement between Mr X and Mrs Y' but the details of this is only with the solicitors.

SG27

Read the deads it may say something likelse 'access by foot and barrow' in which case I'd say he shouldn't be driving up there. Or like mine it might say 'access at all times for all purposes' which is a bit more all encompassing

Ozzuk

J_B wrote: »

I *think* that when you d/l the deeds from the LR site that it will only say something to the effect of 'subject to an agreement between Mr X and Mrs Y' but the details of this is only with the solicitors.

Really? I've had a few RoW issues and it was on my deeds from LR. Why would a solicitor hold those details? I always get confused with the terms deeds, title plan, register etc but it certainly on the docs you can get from LR.

http://www.landregistry-titledeeds.co.uk/frequently-asked-questions/information/examples-private-rights-of-way.asp

Mojisola

J_B wrote: »

I *think* that when you d/l the deeds from the LR site that it will only say something to the effect of 'subject to an agreement between Mr X and Mrs Y' but the details of this is only with the solicitors.

Why would a solicitor have such details?

When the house is first registered at the LA, the paper deeds are either returned to the home owner or destroyed.

rach_k

It's not what you asked at all but does the layout of your property mean you could put up a short section of fence to protect the area right outside your front door? Even if it meant redirecting people going to/from the door away from the shortest/natural route, I'd consider it with small children around. I'd also look at ways to force the neighbour to slow down without restricting his access - some heavy plant pots placed along the driveway to create a sort of chicane effect or something similar.

J_B

Copied from the title of a house we own ....

(XX.08.200X) The land is subject to the following rights granted by a
Transfer of the land edged and numbered XXXXXXXX in green on the title plan dated XX July 200X made between (1) XXX and XXX (Transferors) and (2)XXX(Transferees):-
"..Rights granted for the benefit of the Property
..a right of way at all times and for all purposes with or without vehicles over and along the roadway shown coloured green the plan annexed hereto."
NOTE: The roadway shown coloured green on the plan to the Transfer is[FONT=&quot]
tinted blue on the title plan.[/FONT]

mttylad

Put sleeping policemen bumps in the road before and after your house so either side - he has to slow down or get quite a jolt.

lstar337

Not sure the OP is coming back, which given the news in this thread is not surprising. Not a good situation for them.

ROW or not, it isn't too much to ask that the neighbour is respectful of the fact that it runs right past the access way of a house containing children, or allows a little consideration, and finally doesn't resort to abusive behaviour when his toys are out of his pram.

Mojisola

lstar337 wrote: »

ROW or not, it isn't too much to ask that the neighbour is respectful of the fact that it runs right past the access way of a house containing children, or allows a little consideration, and finally doesn't resort to abusive behaviour when his toys are out of his pram.

Any reasonable person would drive carefully and slowly over a ROW as described by the OP but there's nothing in law that can enforce such decent behaviour.

High on the list of things that would stop me buying a house is a ROW because you never know how the user will behave.

Davesnave

Mojisola wrote: »

High on the list of things that would stop me buying a house is a ROW because you never know how the user will behave.

Surely it depends on the circumstances. We have one and we also use someone else's. Living in the sticks, there are huge benefits nowadays in not being on a public road.

Ours is 60' from our house and of no great interest to us anyway.