Buying shared access if it's not a thoroughfare?

Cococlare

Hi we're putting in an offer in for our first home, and wanted to ask a shared access question...I'd be really grateful of any advice!

The context is as follows: There is a strip of shared access at the back of the house that runs across the back of our potential house and two of our neighbours houses. The shared access is directly outside the kitchen of each property, is about two/three metres wide and is for moving bins out. Beyond the shared access 'strip' are small, private gardens, owned privately by each house. The house we are buying is at the end, where people do not have to cross as it is not part of the thoroughfare (we have to cross our neighbours land), yet shared access is still given.

My question is: As this is not actually being used by any other party for access, would we be able to apply for ownership of this land to be able to connect the house to the garden? And would it likely be granted?

It's not a condition of us buying... I just wanted to find out should there be an opportunity to own this land in future, so potential children could play privately without worrying about too-ing and fro-ing from others!

Many thanks in advance!

mije1983

Even if you owned the land, the access right would still be applicable. It wouldn't automatically be extinguished with the change of ownership. Who currently owns the strip?

PasturesNew

The short answer is: No.

It doesn't matter who you think uses it, those neighbours own the right of way across it and that's that.

Once you get to know them, if they really aren't using it, you can look at putting a fence up if you wanted to go to all that expense... but it'd have to be an opening one in case they, or the next people, wanted to use it.

You might find though that they do actually use it, for turning purposes, or something.

If you've got children, get them penned into the garden the other side of it. Children playing on the neighbours' parts of that road would most probably not be in your rights either, so you'd need to get them "contained" somehow to stop them playing football from one end of the access lane to the other and peeing off the neighbours.

Barny1979

There might be statutory services under the path too, so access would need to be allowed to utility companies.

Cococlare

mije1983 wrote: »

Even if you owned the land, the access right would still be applicable. It wouldn't automatically be extinguished with the change of ownership. Who currently owns the strip?

I'm not actually sure. The estate agent just said that access is shared behind the property, so I just assumed it was a right of way between all those houses, so it's likely that we own it, but that neighbours have right of way. I suppose my question should be, could I potentially change that if others didn't in fact need to use it?

Cococlare

mije1983 wrote: »

Even if you owned the land, the access right would still be applicable. It wouldn't automatically be extinguished with the change of ownership. Who currently owns the strip?

PasturesNew wrote: »

The short answer is: No.

It doesn't matter who you think uses it, those neighbours own the right of way across it and that's that.

Once you get to know them, if they really aren't using it, you can look at putting a fence up if you wanted to go to all that expense... but it'd have to be an opening one in case they, or the next people, wanted to use it.

You might find though that they do actually use it, for turning purposes, or something.

If you've got children, get them penned into the garden the other side of it. Children playing on the neighbours' parts of that road would most probably not be in your rights either, so you'd need to get them "contained" somehow to stop them playing football from one end of the access lane to the other and peeing off the neighbours.

Thank you. I suppose we'd just have to see how others were using it as you say. And no children as yet (!) but if we bought it, we should probably bear in mind that it would not be the best property to try and sell on to a family! Thanks for your advice.

Cococlare

Barny1979 wrote: »

There might be statutory services under the path too, so access would need to be allowed to utility companies.

You are probably right - I didn't even think of that. Might that cause some serious disruption? I know a chap that had to give the water company access and they ended up causing a large crack in his wall! Do you know if there a way I can find out what utility companies might need access before I bought it? Would it be a land registry thing? Apologies, I am a first time buyer and rather green! Thank you!

Barny1979

Cococlare wrote: »

You are probably right - I didn't even think of that. Might that cause some serious disruption? I know a chap that had to give the water company access and they ended up causing a large crack in his wall! Do you know if there a way I can find out what utility companies might need access before I bought it? Would it be a land registry thing? Apologies, I am a first time buyer and rather green! Thank you!

https://www.citysurveysgroup.co.uk/services/underground-services-search/

Could use a search company, https://www.linesearchbeforeudig.co.uk/

davidmcn

Cococlare wrote: »

I suppose my question should be, could I potentially change that if others didn't in fact need to use it?

Yes, potentially, but only with their agreement. Which probably means paying them something for the rights they're giving up, and almost certainly covering their costs (legal costs, and if they have a mortgage then their lender will need involved too, as may yours).

bouicca21

Install a gate.