Shared access - odd question.

moneyistooshorttomention

Davesnave wrote: »

Knocking on doors and chatting with the neighbours is something we often advise people to do here, because it can reveal so much. However, I understand not everyone will feel comfortable doing that.


A neighbouring property here was for sale last year. I made it my business to be casually 'doing things' nearby if people were viewing. This works both ways! :rotfl:

:rotfl: I take it you don't want to know what I thought of the nearby neighbour I could spot obviously deliberately lurking when I came viewing:rotfl: It wasn't exactly positive - and I underestimated by a long shot in the event.

I had analysed them as wanting to be "in charge" - but just thought "That's not the way I'm used to operating and they'll soon click to/accept that". They didn't - they kept trying to be "in charge" (which is not a concept I recognise - except in a paid work setting). They did learn eventually that's not how I'm used to operating and what I am used to is "relationships of equals" and I wasn't going to tolerate it being otherwise.

Slinky

You briefly mentioned, OP, that this is a former rental property. Any idea how it became a rental? Did the vendor live there and move out? Could this access issue have played any part in that? Or could they just be horrendous neighbours.....



The fact it's been a rental may have allowed number 6 to get away with some of the issues which could have been raised by them locking the gate as the renters may not have known, or cared, that they couldn't get access that way.

ReadingTim

moneyistooshorttomention wrote: »

Would I leave the house if money wasnt a problem and I could afford to buy similar in my own home area? :rotfl:You need to ask:rotfl:.

busted....! It was a bit of a leading question for the OP's benefit to be honest - it seems like you went into the situation unknowingly, but once in had no choice but to make it work.

The OP on the other hand has been enlightened as to what could go wrong, so (hopefully) is going in with eyes wide open; or may have the choice not to go in at all, and find somewhere else which doesn't have shared features.

Okrib

A few questions / points

Who owns the strip of land?
What happens when someone else buys No 6?
What happens when you want to sell No 5?

This has all the hallmarks of a long running and expensive legal battle in the future.

You might be prepared to take a view on this, but will people who might buy the house in the future?

They cannot legally do what they have done, but if it has been ongoing for a few years they would be able to claim established practice which would effectively grant them the land. This would be very bad.

If the strip of land is jointly owned, I would look into selling it to them, with clear rights of way defined (and requirements that anyone who wants a key has one). It's either that or get them to remove the gates in my opinion.

Tread very carefully.

circuit

If there are only six houses in this row, and you turn up demanding that things change, you may find that you get a cold shoulder from your neighbours. If you have to walk past their kitchen windows several times a day, this will be unpleasant! It sounds like number 4 is quite pally with number 6 - if you upset one of them, you could have neighbours on both sides that aren't too pleased with you before you've even got the keys.

Doodles

OP I hope you choose to walk away from this one.

The situation has irritation written all over it, now and for years to come.

If you accept the arrangement, then this will cause issues further down the line for you, for reasons others have already pointed out. If you are able to force something to get them to take the gates down etc etc, you will end up with number 6 and probably number 4 hating you.

I wouldn't want to be in either situation, and I'm guessing you don't either.

iammumtoone

I think you need to make a decision based on how much you want the house and how much the lack of access bothers you (think of it as no 6 own that land).


I would not make a fuss about it, you will upset no 6 and all the other houses who are grateful for the arrangement and like not having to put out their own bins. Then you will be stuck there living in between them as the bad guy.


I think what is most important in your decison making is how long you plan to live in the house, if you plan to sell in a few years walk away if its your forever home and never plan to move selling on does need to effect your decision.


Think about worse case when no 6 sell and new neighbours land grab, will you be able to live without use of the gate ie can you bring bin through the house/another route.


At least when the inevitable happens and no 6 (whoever lives there) blocks access for good you will have allies in you neighbours at that point, rather than to force the issue now and make enemies of them.

Cakeguts

If the house seems to be good value for money or a cheaper than you expected then that is because there is a problem with no 6 and it is putting buyers off which is why the price is lower and not because the house has been let.

Mojisola

Okrib wrote: »

They cannot legally do what they have done, but if it has been ongoing for a few years they would be able to claim established practice which would effectively grant them the land.

Not if it's a RoW that's set out in the deeds.

The only way to remove anyone's legal rights to a RoW is for the owner of the dominant tenement to agree and both sets of deeds to be altered.

YoungBlueEyes

I’m glad of this place in general, but I’m glad beyond measure I posted this!

@Smodlet - No I haven’t exchanged yet, thank god!

Davesnave - I didn’t get chance to speak to no6 cos they were out when I knocked.

I think I’d need a high level of reassurance now if I was to go ahead, which is decreasing in likelihood with every post!

@Money (+someone else who's post has disappeared) - I don’t know what’s normal for the area, I’m 100 miles away and have never lived in that area...

I’ll see what transpires tomorrow at my solic’s and let yous know.

Thanks everyone for this, I think it’s stopped me making what could have been a massive, expensive, mistake. :clapping: