missing access

panam

A house we are interested in buying has had an extension built up to the boundary, blocking access to the back garden. There is a pathway & gate, but it involves crossing onto the neighboring property. A informal arrangement allowed access, but there is nothing written down, I believe this happened about ten years ago.

What is the best approach? How expensive/time consuming is this likely to be? I'm going to start with a conversation with the neighbour, but would like to be better informed about possible outcomes.

need_an_answer

All well and good having a conversation with the neighbour and all runs smoothly until their property is sold(whenever that may be) or indeed rented out...new neighbour may have differing ideas and opinions.

Unless there is something legal in place at present,that is enforceable if needs be...I would look for something else in terms of property.

Neighbour disputes are on the rise and it seems that unless you have things very clearly set out tensions can occur.

The term informal agreement should be enough to make you lose interest in this house...informal agreements can change in a heartbeat.

Davesnave

There is no legal access via the neighbour's property.


The minimum period that would create a prescriptive right of access is 20 years, and the neighbour would be most unwise to allow it to continue that long if there was no formal agreement.

The best you might do is for the vendor to buy a strip of land from this neighbour they get on with so well and pay for both sets of deeds to be altered accordingly.

hb2

I'm afraid I would walk away from this very quickly!

davidmcn

Is there access to the back garden through the house? If so, it's hardly unusual for that to be the sole access. Anything extra is a bonus, not a reason to "walk away".

Cakeguts

Your access is going to be like any other house built onto the boundary both sides. The access will be through the house. You cannot rely on the access across the neighbour's garden.


Decide if you want to buy a house where your access to the back is through the house. If not find something else.

princeofpounds

This isn't walk away territory unless the access itself is a necessary feature. Plenty of people live in terraced houses with no side return access quite happily.


But what you can't do is rely on the access being there. The neighbour has given access under license (permission), so even if the situation had been ongoing for 20+yrs you still wouldn't get any rights over the access.

Davesnave

princeofpounds wrote: »

The neighbour has given access under license (permission), so even if the situation had been ongoing for 20+yrs you still wouldn't get any rights over the access.

This is correct so I have altered my original post to reflect the aspect regarding permission.


At our old house, a neighbour had created a rear entrance by carving into our rear boundary; a fact only revealed when we removed the huge 8' thick hedge that stood there. Because neither we or our predecessors had given permission, and the entrance looked long-established, we decided not to contest its existence and just fenced around it.

pinkteapot

If you buy it, you have to assume you could lose that access at any time. Are you happy with the garden access through the house if that ends up being the only way to access the garden?

If so, go ahead and buy.

If you get to keep using the access for a bit longer - that's a bonus.

TBagpuss

Yes, assumingthat you have access to the garden through the house, then I wouldn't see any reason to walk away, but go into it on the assumtion that you won't be able to use the side access via the neighbour's proprety.

That way, ithe neighbour is kind enough to let you continue to use that access, that's a bonus, if not, then you've lost nothing as you were not expecting it in the forst place.

If not havingthe side access is deal-breaker for you personally, then start looking elsewhere.

you could ask the sellers to get confirmation from theneoghbour's that they will continue to allwo it, or ask them to grant an easement, but I can't imaginethat the neighbours would be willing to do it, especially as it sounds as though it might risk reducingtheir property value, or making it harder for thm ifthey want to have an extension in future, so I don't think the chances of getting anything formal would be very high.