Shared access - odd question.

YoungBlueEyes

Top tip there bertiewhite, I've written it on my questions-for-solic list.

True BlackBird75, I wished I'd asked more questions but I didn't want to rock the boat while it was only a quick coffee and chat!

Davesnave

YoungBlueEyes wrote: »

@Wicked Lady it's not a ROW, it's shared access.

I'm not clear what the distinction is between a shared access and a right of way, because I don't think there is one!


If the access is shared, then in the title document there should be a section where the right to that access is explained, as per bertiewhite's post.


I think you are confusing the term 'right of way' with a 'public right of way' which is something different and not specific to a group of properties.


Whatever you choose to call it, if it's detailed in your title that you have a right to pass over it, then no one can extinguish that, and they shouldn't block it either.

moneyistooshorttomention

Because you'd be reliant on the goodwill of house no. 6 for access you are supposed to have anyway. You shouldnt need someone else unlocking THEIR gate to get at YOUR back alley. You shouldnt need someone else to take out your rubbish.

I wouldnt like the idea personally that someone else had made me dependant on their goodwill to me to achieve access I was just supposed to have anyway with no problem.

Of course they're doing all this - to keep an illicit parking space they've set up for themselves the cheeky wotnames.

What happens when new owners have no. 6 in years to come? They would take it as read they have a parking space they don't actually have at all and probably wouldnt "allow access" that you should have anyway.

Rosemary7391

Possibly a more frequent occurrence - number 6 goes on holiday? Or called away to family, or hospital...? Sounds like it would be an unstable arrangement at best.

Mojisola

YoungBlueEyes wrote: »

I've (nearly) bought a terrace house. It's a row of 6, and I'm buying the fifth one. There is a pathway from the pavement at the side of no 1 that then runs across the back of the houses and out again at no 6 where it meets the pavement again.

The people in no 6 have put up a pair of bloody big solid wood gates and keep it locked all the time, so no-one can wander in off the street (from 'our end' at least). The gates are half way down the length of their house so they've effectively created themselves a parking space and keep their car on it.

Have you talked this through with your solicitor?

It's one of those things that needs to be sorted out before you buy.

If there is a right of way to the backs of the other houses, No 6 has no right to block the route with locked gates.

This has the potential for a long-running neighbour dispute.

SmashedAvacado

the key thing with something like this is that it needs clarifying that the person blocking and making the car parking space is doing it with the consent of the others, and such consent is capable of being withdrawn. This will ensure that they don't try to claim this arrangement as of right. It's reasonable to get this in writing so it is clear that the temporary current arrangement works but that the legal position is preserved (and is different). If you don't have the express consent to the alternative arrangement, the danger is that the relevant owner could, after a number of years try to claim the changed arrangements as of right. that doesnt sound like its in your interests, because the positive obligation to take the bins wouldnt likely run with the land.

Davesnave

Mojisola wrote: »

Have you talked this through with your solicitor?

This has the potential for a long-running neighbour dispute.

OP has said she'll be seeing her solicitor soon about this.

I suspect no6 will say she can always use the access via no1, but it will be interesting to see if the title specifies the route.

Personally, I'd not be put off by default, especially after spending money, but this needs addressing now via a legal professional and the situation needs to be crystal clear for all parties before the OP moves in.


Edited to add: ....And the OP must be willing to exercise their right once it's established. I'd not accept locked gates, for example, unless there were particular circumstances that aren't clear yet. For example, a similar access at my last house was shared with a neighbour and we agreed to put a locked gate on it to increase security.

elsien

YoungBlueEyes wrote: »

@Elsien People can't wander in as everyone has put locks on their garden gates so there's no access into any gardens from either end of the street. Good point about new neighbours being a possible PITA though... I was thinking more about maintainance costs tbh, I wish I'd thought to ask no4 that. She did say that everyone else was quite happy with it, and it'd been like that for a few years. Yeah it could be a land grab type affair.
(

My set up is a bit different to yours then. We have the back yard, then the access then the back garden the other side. My deeds clearly show that I own the house/yard and garden but I do not have any ownership of the shared access.
You need to clarify, as others have said, what exactly you will be buying and what the access rights are.

Mojisola

YoungBlueEyes wrote: »

I've (nearly) bought a terrace house. It's a row of 6, and I'm buying the fifth one. There is a pathway from the pavement at the side of no 1 that then runs across the back of the houses and out again at no 6 where it meets the pavement again. (I hope that makes sense!)

My house would be the fifth one. So in theory only the lady at no 4 would pass my kitchen window, as the first 3 would turn left to go round the back and not come past me.

When you talk to the solicitor, check this as well.

It's likely that all the houses have the right to use all the route.

Ms_Chocaholic

It's also worth thinking about the difficulties you may have in selling the property in years to come when your new buyers might not be accepting of no 6's arrangement (even if you are).