Right of way question

Buggleskelly

I am thinking of buying a house from the family of an elderly chap who has just gone into a home. It's not on the market yet because the family are not sure if any of them want to take it on.
It's a nice semi-detached house with a long garden.
At the rear of the garden there is a private path that about 10 householders use for access to the main road and shops.
I would like to knock through the boundary wall and install a gate onto the path go give myself a short-cut.
I've since found out that I would not have any right-of-way over it. Ans a Land Registry search shows that the land has no named owner and therefore known as Bona Vacantia and would be part of the Crown Estate.
Rather than going ahead with the gate installation and potentially upsetting new neighbours is there a way of gaining right of way legally?

davidmcn

Buggleskelly wrote: »

Rather than going ahead with the gate installation and potentially upsetting new neighbours is there a way of gaining right of way legally?

Only by doing it anyway and seeing how many years you can do so without anybody objecting. Are you saying other houses have already done this? If so then why would the neighbours be upset by you doing so?

Davesnave

If other householders are using it, they'll probably not object to one more family keeping the walkway clear and controling weeds. Very often, these back lanes are regarded as potential entry/escape routes for burglars, so may be surreptitiously incorporated into gardens, but if they offer a quicker way to facilities they tend to stay used.

I knocked through into a lane like this at my last house, installed a gate and used it for 21 years without incident. It knocked at least 5 minutes off the walk to town.


While you wouldn't have a right to walk down the lane, one has to ask, who might feel obliged to stop you? It's the unused, un cared-for walkways that offer the best chances for ne'r-do-wells.

Buggleskelly

davidmcn wrote: »

Only by doing it anyway and seeing how many years you can do so without anybody objecting. Are you saying other houses have already done this? If so then why would the neighbours be upset by you doing so?

I've just had a look and no, mine would be the only one to do this.
I know that some people can be offended because if it looks as though you are grabbing something that legally you don't have rights to.
I just don't want to get off on the wrong foot with surrounding people if I do buy the place.

Buggleskelly

Davesnave wrote: »

If other householders are using it, they'll probably not object to one more family keeping the walkway clear and controling weeds. Very often, these back lanes are regarded as potential entry/escape routes for burglars, so may be surreptitiously incorporated into gardens, but if they offer a quicker way to facilities they tend to stay used.

I knocked through into a lane like this at my last house, installed a gate and used it for 21 years without incident. It knocked at least 5 minutes off the walk to town.


While you wouldn't have a right to walk down the lane, one has to ask, who might feel obliged to stop you? It's the unused, un cared-for walkways that offer the best chances for ne'r-do-wells.

I'm thinking someone might think I'm being greedy or something.
Thinking further down the line, what someone was to erect a locked gate to bar my way out and not let me have a key?
Something like that?

Tom99

Buggleskelly wrote: »

I've just had a look and no, mine would be the only one to do this.
I know that some people can be offended because if it looks as though you are grabbing something that legally you don't have rights to.
I just don't want to get off on the wrong foot with surrounding people if I do buy the place.

What about the 10 households that use the lane, do they not have a gate?
I can't see anyone putting a lock on the lane, that would likely upset these 10 households and it would be a faff to have to give each of them a key.
Are there signs at each end of the lane saying Private Keep Out?

Mojisola

Buggleskelly wrote: »

At the rear of the garden there is a private path that about 10 householders use for access to the main road and shops.

I would like to knock through the boundary wall and install a gate onto the path go give myself a short-cut.

davidmcn wrote: »

Are you saying other houses have already done this?

Buggleskelly wrote: »

I've just had a look and no, mine would be the only one to do this.

Who are the 10 householders who use the path if they aren't your neighbours?

The worst thing that can happen is that something is put up to block your gate so that you can't use it.

Only the owner of the path would have the right to do that.

Norman_Castle

If the wall belongs to you I'd put a gate in. Its unlikely anyone will care. If they do its not difficult to reinstate a small section of wall.

There's similar at the bottom of my garden although not a through route. The overall consensus is if you live there you can use it but don't block it. There has been talk of installing a gate but that would be funded by the residents and they would all have access.

Buggleskelly

Mojisola wrote: »

Who are the 10 householders who use the path if they aren't your neighbours?

The worst thing that can happen is that something is put up to block your gate so that you can't use it.

Only the owner of the path would have the right to do that.

They live in houses around the bottom of the garden.
So is my issue a Bonvacantia issue?

Mojisola

Buggleskelly wrote: »

They live in houses around the bottom of the garden.
So is my issue a Bonvacantia issue?

No - it's unlikely that anyone will be able to stop you using a gate onto the path so there isn't an issue.

If an owner ever appears (and can prove their ownership), you can just stop using the gate.

If you do start using it, keep a record of the date - receipts for the gate, etc - because if the usage goes on for long enough, you can get rights of access.

Buggleskelly

Just to clarify in simple terms can someone explain what Bonavacantia means, please?