Title Deed Help {Merged}

Niklas33

I'm enquiring as to whether somebody can pass through my garden.

davidmcn

Niklas33 said:

I'm enquiring as to whether somebody can pass through my garden.

Yes, that's what "Part of rear yard within this title is subject to a right of way in favour of adjoining properties 76 to 80 ****** Road" means. The houses at 76-80 are allowed to go through your rear yard.

Niklas33

How do i find out what part of my garden is open to them? And can i section it off to keep my garden private?

And what does this mean?

passageways chimneys chimney stacks and all other conveniences in the nature of easements or quasi-easements used or enjoyed or intended to be used or enjoyed with or for the benefit accommodation of the property hereby conveyed and the adjoining or adjacent properties of the Vendor or his successors in title shall continue to be so used and enjoyed in common and shall be repaired and maintained by and at the joint and equal expense of the owners for the time being of the respective properties served thereby. (c) That the provisions contained in this Clause shall so far as may be necessary for conferring any easements rights or privileges upon the Purchasers operate to grant the same to the Purchasers and so far as may be necessary for conferring any easements rights or privileges upon the Vendor operate to except and reserve the same to the Vendor."

davidmcn

Niklas33 said:

How do i find out what part of my garden is open to them? And can i section it off to keep my garden private?

You've viewed the property, we haven't. Isn't it reasonably obvious how people would walk round the back of the terrace to get to each other's gardens? Has anybody else "sectioned off" their gardens in that sort of way? I would have thought that's not a problem as long as there is still an adequate route through.

Niklas33 said:

And what does this mean?

passageways chimneys chimney stacks and all other conveniences in the nature of easements or quasi-easements used or enjoyed or intended to be used or enjoyed with or for the benefit accommodation of the property hereby conveyed and the adjoining or adjacent properties of the Vendor or his successors in title shall continue to be so used and enjoyed in common and shall be repaired and maintained by and at the joint and equal expense of the owners for the time being of the respective properties served thereby. (c) That the provisions contained in this Clause shall so far as may be necessary for conferring any easements rights or privileges upon the Purchasers operate to grant the same to the Purchasers and so far as may be necessary for conferring any easements rights or privileges upon the Vendor operate to except and reserve the same to the Vendor."

It means any things like chimneys etc which are shared by houses are to be maintained at the joint expense of the relevant houses. Which is what you'd expect. It's not anything for you to get worried about.

Mojisola

Niklas33 said:

How do i find out what part of my garden is open to them? And can i section it off to keep my garden private?

Wasn't the pathway obvious when you viewed the house?  It's usually across the back of the houses.  You will have to accept that neighbours will be able to walk through your garden and past your back door and window/s.  Don't rely on the vendors telling you that it's hardly used - that may be true now but could change with new neighbours.
Lots of people live with a right of way like this - others find it intolerable.  You have to decide whether you can live with it.

Niklas33

I've spoken to the EA and they have said because it is a Mid terrace it's hardly ever used....and the path at the back is maintained by a company.

greatcrested

EAs are concerned only with keeping you happy and the sale progessing. They don't know the law. Nor do they know who might move in next year and start using the path.

Niklas33

No longer posted.

davidmcn

Niklas33 said:

I have no idea what this means?

Yes you do, we went through this in your thread yesterday about exactly the same thing:

https://forums.moneysavingexpert.com/discussion/6136352

Niklas33

davidmcn said:

Niklas33 said:

I have no idea what this means?

Yes you do, we went through this in your thread yesterday about exactly the same thing:

https://forums.moneysavingexpert.com/discussion/6136352

Thanks but unfortunately it didn't help just asking for a fresh pair of eyes to look is all, there is no pathway indicated in the garden the garden cannot be accessed from the back road, as there's no gate into the garden.
The only gate is on the right hand side and leads to the path behind the houses however there is no gate that would allow entrance into mine unless somebody walked up the path and knocked on the gate that is there currently, which has a bolt on.
I have tried to contact my solicitors but they just keep asking questions of the vendors solicitors and we're getting nowhere.