ROW Query

Ldncottage

Hi,
I would like advice on the following scenario regarding a ROW concerning a link detached house A with a passageway between house A and house B.
The passageway is accessed by walking down house A’s driveway. At the bottom of the passageway, is a gate into house A’s garden. House B can then access their garden after passing through the gate and into house A’s garden (where there is then a gate in the fence to access House B’s garden).
The deeds state that House B has the right (so far as the Vendor can grant the same) to pass and repass on foot only over so much of the passage way shown on the said plan as lies within the adjoining property.
House B has re-tiled the stretch of land on the driveway that is owned by House A and leads up to the ROW pathway (using the same tiles as House B’s driveway). House B also uses this stretch of land on House A’s driveway as the access to their house and also leaves their wheelie bins there on bin day.
Where does House A stand in this scenario? Is House A entitled to retile their entire driveway so that it is all the same and put up a fence around their driveway, with a gate at the top of the driveway so House B can access the ROW passageway? As House A owns the driveway and the ROW is the passageway, can House A park over the entirety of the driveway?

Tom99

A plan would help.

G_M

Ldncottage wrote: »

Hi,
I would like advice on the following scenario regarding a ROW concerning a link detached house A with a passageway between house A and house B.
If they are link detached, how can there be a passage between them? Makes no sense.

The passageway is accessed by walking down house A’s driveway. At the bottom of the passageway, is a gate into house A’s garden. House B can then access their garden after passing through the gate and into house A’s garden (where there is then a gate in the fence to access House B’s garden).
So access to B's garden is via a passage on the far side of A's garden? Then round the back of A's house through their garden, into B's garden?

The deeds state that House B has the right (so far as the Vendor can grant the same) to pass and repass on foot only over so much of the passage way shown on the said plan as lies within the adjoining property. sounds standard.
House B has re-tiled the stretch of land on the driveway that is owned by House A
I assume B obtained written consent from A to do this? (Oh! Maybe not!!)

and leads up to the ROW pathway (using the same tiles as House B’s driveway). House B also uses this stretch of land on House A’s driveway as the access to their house and also leaves their wheelie bins there on bin day.
Without seeing the full wording of the covenant, it sounds like B is not permitted todothis. Only to " to pass and repass on foot only over so much of the passage way shown on the said plan ".

Where does House A stand in this scenario? Is House A entitled to retile their entire driveway
Yes of course. It belongs to A. And they can send the bill to B (unless they gave B permission)

so that it is all the same and put up a fence around their driveway, with a gate at the top of the driveway so House B can access the ROW passageway?
Yes. Unless there is anything more in the covenant than you have quoted, A can do whatever they like on their own land, provided they do not impinge on B's right to "to pass and repass on foot only over so much of the passage way shown on the said plan"

As House A owns the driveway and the ROW is the passageway, can House A park over the entirety of the driveway?

No clearly not.

But please re-read the Title, and/or any other source document (old Conveyance, Deed etc) and quote in full any relevant covenants.

Ldncottage

Hi,

As a first time poster, I am unable to include any links to photographs. I will try to explain clearer.

House A is an end of terrace house, next door to House B. Both houses have their own driveway in front of their house. Between House A and House B is a passageway which belongs to House A, however House B has right of way to pass and repass on foot.

House B has retiled the stretch of land on House A’s driveway in front of this passageway. It is my understanding that the entirety of the driveway belongs to House A and therefore House A is entitled to retile the whole driveway and put up a fence around the boundary of the driveway, with a gate for House B to enter and access the ROW passageway.

In full, the property register states:
TOGETHER ALSO WITH (and subject to) all such rights easements and quasi easements as have hitherto been exercised and enjoyed by or over the property hereby conveyed or would have been so exercised and enjoyed thereby but for unit of seisin including the right (so far as the Vendor can grant the same) to pass and repass on foot only over so much of the passage way shown on the said plan as lies within the adjoining property.
NOTE: The passageway referred to is the passageway at the side not included in the title.

G_M

So not link detached as previously described then.

Ldncottage wrote: »

In full, the property register states:
TOGETHER ALSO WITH (and subject to) all such rights easements and quasi easements as have hitherto been exercised and enjoyed by or over the property hereby conveyed or would have been so exercised and enjoyed thereby but for unit of seisin including the right (so far as the Vendor can grant the same) to pass and repass on foot only over so much of the passage way shown on the said plan as lies within the adjoining property.
NOTE: The passageway referred to is the passageway at the side not included in the title.

Source/context for this quote please. Assuming it's from Part C (Charges Register) then as per my post above I assume it's an extract taken from another document.

Or is it from Part A (Property Register) of the Title document?

Be that as it may, my advice above stands.

Ldncottage

It is from Part A (Property Register) of the Title document.

Can House B argue that the stretch of land that leads up to the passageway, is also included in the ROW?

G_M

Is it possible to access the passageway via house B's driveway,or is the only way to get to the passage via house A's drive?


But eitherway, even if house B has a ROW over house A's drive, that only gives them the right to pass and repass, not to dig it up, lay new surface etc etc!


It would help to see the Plan referred to.

Tom99

Ldncottage wrote: »

As a first time poster, I am unable to include any links to photographs.

Insert a couple of gaps somewhere in the link you post and someone will fix it for you.

Slinky

G_M wrote: »

So not link detached as previously described then.

Could be if House A and House B are attached above the passage with A having a flying freehold over the passage.

Ldncottage

House A and House B are attached above the passageway.

G_M

Slinky wrote: »

Could be if House A and House B are attached above the passage with A having a flying freehold over the passage.

:rotfl:
Well spotted! But would have helped us understand the set up if OP had included this gem of information earlier!

Is it a Flying Freehold? Depends who owns the room above the passage! If House A owns both the passage and the room above, it's not a FF. If House A owns the passage and House B owns the room above, it IS a FF.

Of course none of that affects the issue of the re-tiled drive, but a FF might raise other issues in the future.........