Right of Access not on deeds

Srose

Hi All,

Apologies if this is in the wrong section.

Quick Summary:
Alleyway passing the back of our house, from which my neighbour can access. My neighbour (well his son as my actual neighbour sadly passed away) is selling.

We looked into some details as I wanted to buy the alleyway (is bit wider than an alley way and I could put a roof over it to give us some much needed storage. Anyway I downloaded my title deeds and plans and it says we already own it! It doesn't seem to mention any right of way at all.

I have contacted my neighbour and he just wants his inheritance from the house sale. He isn't bothered and said 'ok no worries have it back' and cleared it (there was a gate put on a section of it by his father and some gardening equip). He asked the estate agent to remove 'comes with rear access' so he seems pretty genuine.

In a later conversation I mentioned I would be happy to pay to have his wall bricked up (as his dad had a gate put it so he could access the alley. He refused, he has told me to brick up behind his gate (so he would have a gate that opens up onto a brick wall?!)

I basically just wanted to get rid of the gate so new owners wouldn't automatically assume they could use it! And couldn't understand why anyone would want a gate that opens onto a wall?! His explanation is 'I can't be bothered to go a solicitors to argue, but the new owners might' !!!

Now I have given him the copies of all the info I have and I felt I was correct (even several different people from the Land Registry agree although they can't give official advice).

I am worried incase I have made a mistake. I only wanted to buy it! Im not trying to pull the wool over anyones eyes. I don't want to pay to have some storage built and then a new neighbour come and get me to rip it down.

I have contacted a solicitor who has advised there charges to read through the documents and advise me would not cost any more than £400 PLUS VAT :wall:

I am shocked at this amount? is this normal?! what would you guys advise I do ??

silvercar

I would be downloading your deeds and your neighbours deeds. check that neither give your neighbours right of access. It may also be that the neighbours have gained some rights by having had access for so long.

Mojisola

Srose wrote: »

Alleyway passing the back of our house, from which my neighbour can access. My neighbour (well his son as my actual neighbour sadly passed away) is selling.

We looked into some details as I wanted to buy the alleyway

Anyway I downloaded my title deeds and plans and it says we already own it!

If you get a copy of next door's deeds and the alleyway isn't also on that paperwork and there's no mention of the property having a right of way along the alley, you don't need to do anything.

Sometimes the ROW is only on the dominant deeds, not the servient ones, so read through the neigbour's deeds carefully.