Mid terrace - no apparent legal right of access?!

moneyistooshorttomention

Davesnave wrote: »

Coincidentally, I have a disused track over my fields too, although it's not a public RoW.

So far as I understand the law, I cannot prevent someone whose property was once accessed via that track from doing so on foot, but vehicular access is a different matter. Highways would be rather upset as well!

Perhaps the OP only has, or needs, pedestrian access?

You mean someone needing access to a specific property from that track would have an "easement of necessity" on foot as the law stands at present. The necessity being that they would otherwise have to choose between being locked out of their property or being "under house arrest" in their property unable to leave it (and busily on the Internet and phone telling the world that fact:rotfl:).

I believe - and "legal brains" correct me if I'm wrong on this - but when I did some reading around that point recently - it seemed to boil down to an "easement of necessity" is likely to be en route legally speaking to be extended to vehicles as well (now that its so commonplace for households to have cars). Of course - there is also the disability rights thing too - of people generally might well be able to walk the distance - but a disabled person might well need one of those specially adapted cars to traverse it.

I "think" there might have been one or two recent cases where "easement of necessity" has been deemed to include cars - as well as on foot? I got the impression that an "easement of necessity" if not currently including cars would be likely to do so fairly soon now.

Davesnave

moneyistooshorttomention wrote: »

You mean someone needing access to a specific property from that track would have an "easement of necessity" on foot as the law stands at present..

Not really, as they all residents of the old farm have a more than adequate alternative route, so it's not a matter of necessity at all.

However, I'm not sure that I could deny access on foot, if they really wanted it.

Blondie1983

Many thanks all for the helpful replies! So at present all of the owners have vehicular access and parking to the front of their house via the unadopted road. So if you imagine the terraced block (was an old mill), you step straight out from the house via front door on to the road, then over the road each house has a long front 'garden' where it's been divided into off road parking and then a stepped up garden/patio area. To the rear each house also has another garden which is where the supposed ROW exists to allow access to the back for bins etc I guess. Bit quirky with the 2 gardens at front and back!

This is hopefully a shortish term home for me (5ish years) assuming nothing changes personally. So my main worry is that I can reassure future buyers that there shouldn't be an access issue to the best of my knowledge. The last house sold in the road was 15 years ago....people stick around as it's tucked out of the way and the properties are pretty unique for the price and area. It is in a market town so fairly urbanised, I cannot see how any more development could fit near the unadopted road. Just want to ensure I have covered all bases! Thank you all again

tom9980

Blondie1983 wrote: »

Many thanks all for the helpful replies! So at present all of the owners have vehicular access and parking to the front of their house via the unadopted road. So if you imagine the terraced block (was an old mill), you step straight out from the house via front door on to the road, then over the road each house has a long front 'garden' where it's been divided into off road parking and then a stepped up garden/patio area. To the rear each house also has another garden which is where the supposed ROW exists to allow access to the back for bins etc I guess. Bit quirky with the 2 gardens at front and back!

This is hopefully a shortish term home for me (5ish years) assuming nothing changes personally. So my main worry is that I can reassure future buyers that there shouldn't be an access issue to the best of my knowledge. The last house sold in the road was 15 years ago....people stick around as it's tucked out of the way and the properties are pretty unique for the price and area. It is in a market town so fairly urbanised, I cannot see how any more development could fit near the unadopted road. Just want to ensure I have covered all bases! Thank you all again

It is highly likely everything will turn out fine for you in this situation as David suggests, just as long as you understand the best and worst case scenario's and plan accordingly it should be okay, just don't think because you have indemnity insurance there is no risk at all.

It is up to you to decide how much risk you wish to take on, and indeed i would be happy to purchase the property based on everything you have told us.

G_M

What did the neighbours say when you spoke to them?

G_M

http://www.inbrief.co.uk/land-law/claiming-easement/

http://www.lawcom.gov.uk/wp-content/uploads/2015/03/cp186_Easements_Covenants_and_Profits_a_Prendre_Consultation.pdf

Cakeguts

Who owns the garden at the front of the property on the other side of the road. I ask because often in cases like this the land on the other side of the road is rented. If it is rented you run the risk of the owner deciding to sell it.

I hope that this house is significantly cheaper than other similar properties in the same area. I say this because the situation with the road means that if it gets damaged you don't know who is responsible for repairing it. By damaged I mean by something like cable tv or a new water main. Or it might even be the case that companies won't connect new broadband etc because of the ownership of the road situation.

Blondie1983

Hi - the garden at the front will be 'mine' so in effect the property is marked as 3 red squares on the plan - the front garden, the house, the rear garden. The house is separated on the plan from the front by the unadopted road, and from the rear garden by the right of way (which isn't officially listed as a right of way)!

It is priced about right, so no cheaper than any other 2 bed terrace in the same town.....

G_M

What did the neighbours say when you spoke to them?

Cakeguts

Blondie1983 wrote: »

Hi - the garden at the front will be 'mine' so in effect the property is marked as 3 red squares on the plan - the front garden, the house, the rear garden. The house is separated on the plan from the front by the unadopted road, and from the rear garden by the right of way (which isn't officially listed as a right of way)!

It is priced about right, so no cheaper than any other 2 bed terrace in the same town.....

This terraced house has problems concerning access so it isn't worth as much as other terraced houses in the town that don't have access problems. Problems of access and any other problems reduce the value of the house because they make it more difficult to sell. Also a ROW across a back garden would reduce the value.

What you might want to do is to compare the price of this house with other terraced houses that don't have ROWs across the back gardens and don't have a lack of access for a car on the road at the front. You have to allow for the fact that this house might be difficult to sell in the future because of the extra problems.