Buying a property with right of way going "through" the property?

NewDecade

Hi All,

I'm looking to buy a lovely terraced house that has been done up really nicely by the previous owners and it just about falls within my budget and is close to perfect.

However, it's a weird one that I've not seen before as there's a essentially a right of way that goes "through" or "under" the house so that people can access the back of the cafe/shop that is behind us. Hopefully the diagram I put together can explain this (not to scale):



Essentially the house on the ground floor only covers the area on the left but then the second floor goes over the "ROW area". This area effectively splits the garden into 2 and separates the second garden and the double garage.

Now what throws me off is that I haven't seen something like this before and the estate agent has told us that the "ROW area" is owned by the homeowner.

The house itself has a relatively standard layout with the living room in the front, then the kitchen in the middle but then there's a dining room, followed finally by another room with an ensuite shower room which also has a door to the garden. To me, it's rather odd having a room that goes into the garden so what I would prefer is to actually remove the door and effectively extend the garden a bit so that there's a "private" path from the kitchen door to the garden. That would mean I'd remove the existing eastern fence of the first garden and then I'd build a new fence that goes around the kitchen exit and the garden and I'd have a door on that to allow easier access to the double garage and second garden.

Is that realistically and easily possible and is there anything I should watch out for or should I ignore the charms of the house and pass on this weird one?

Thanks in advance all!

greatcrested

Who is the ROW in favour of? A named person? The owner for the time being of another, perhaps adjascent, property? Or is it a public ROW?

Whatever, whoever benefits from it can use it and you cannot prevent them or obstruct their ROW. If the previous oner has put obstrucions in the way (eg a door or wall) they could demand you remove the obstruction to allow them free use of their ROW.

Your own plans to re-design the property have no bearing on the above. Provided you allow the ROW to be freely used, you can do as you wish.

NewDecade

greatcrested said:

Who is the ROW in favour of? A named person? The owner for the time being of another, perhaps adjascent, property? Or is it a public ROW?

Whatever, whoever benefits from it can use it and you cannot prevent them or obstruct their ROW. If the previous oner has put obstrucions in the way (eg a door or wall) they could demand you remove the obstruction to allow them free use of their ROW.

Your own plans to re-design the property have no bearing on the above. Provided you allow the ROW to be freely used, you can do as you wish.

Thanks so breaking what you've said down even simpler, does that mean I should probably somehow check the legally agreed ROW and then from there I can decide how much of the property I can re-design?
I imagine for example if it mentions it needs the full 6 ft of width in the ROW passage, then I basically wouldn't be able to extend the garden/build a fence at all?

ic

I'm struggling to comprehend what you're saying - perhaps that you want to build a fence in the grey area, effectively narrowing it?  It would depend what the deeds say and show. 

I have a right of way over my garden for the neighbours.  I fenced off a larger area for the garden, but maintained a pathway for the neighbours - though it is shifted from what is shown in the deeds.  However they haven't minded for many years, and I was upfront with them about what I was doing.  If somebody legally demanded their right to walk the path in the deeds, I'd probably have to take down the fence and repave the area.

I imagine the cafe might have complaints if you restrict a view through to their business, that could impact how much passing trade they get.

NewDecade

ic said:

I'm struggling to comprehend what you're saying - perhaps that you want to build a fence in the grey area, effectively narrowing it?  It would depend what the deeds say and show. 

I have a right of way over my garden for the neighbours.  I fenced off a larger area for the garden, but maintained a pathway for the neighbours - though it is shifted from what is shown in the deeds.  However they haven't minded for many years, and I was upfront with them about what I was doing.  If somebody legally demanded their right to walk the path in the deeds, I'd probably have to take down the fence and repave the area.

I imagine the cafe might have complaints if you restrict a view through to their business, that could impact how much passing trade they get.

Sorry for not being clear. The ROW is to the back of the cafe so I don't think narrowing the ROW area would affect that. The ROW area is only around 6ft wide so I'm thinking it's not like they can fit a car in there at the moment so yes, I wanted to reduce that area and fence it off so that I have a more private access from the kitchen (in the middle of the house) to the garden without having to go through the back of the house.

What's the best way to see what the deeds say and show? Can I ask the Estate Agent or do I need to pay the HMRC fee and check myself to be 100% sure?

frogglet

Do your deeds say who the authorised people are who can access the ROW?
Is the access for the cafe down it?
Is it for the houses and cafe to keep their bins in there and to access them?
Is there a gate on it as it seems there might be on the diagram?
I dont understand what you plan exactly to do  without blocking off the ROW.

RAS

How does anyone get into the garages?

DCFC79

You should really check the land regsitry site yourself, no harm in asking the EA but don't take what they say as the truth.

theoretica

What is physically at the back of the cafe?  Bins, door, or just a wall that might need window cleaners access?  Legally it won't be any different from a right of way going across the edge of your property, just feels different as it is in the middle. 

sgun

Is there a door to the rear of the cafe into the ROW? If so it could be a fire exit and would require a certain width of access and possibly muster access. As others have said, you really need to find out who benefits from the ROW. You need to check in the deeds of the cafe and possibly for house 3 (could the double garage at any point have belonged to them).

NewDecade

frogglet said:

Do your deeds say who the authorised people are who can access the ROW?
Is the access for the cafe down it?
Is it for the houses and cafe to keep their bins in there and to access them?
Is there a gate on it as it seems there might be on the diagram?
I dont understand what you plan exactly to do  without blocking off the ROW.

I've just paid for the deeds and this is what it says:

""Excepting and Reserving to the Vendors and the owners for the time being of the adjoining premises Nos. A and B X Road (a) a right of way as heretofore used and enjoyed for all reasonable purposes in connection with the use and occupation of such adjoining premises from Y Road to the rear of the said adjoining premises over and across the passageway and yard forming part of the property hereby conveyed the said passageway running between Nos. C and D Y Road under an archway and (b) the free passage and running of water and soil from such adjoining premises through the sewer or drain under the premises hereby conveyed as the same is now enjoyed in connection with such adjoining premises."

The cafe is accessed from the other (main) road (X Road in the deed). The access from the road where the property I am looking to buy is a different road (Y Road in the deed) and provides access to the back of the cafe, presumably for bins and stuff as you mention.

There is indeed a gate.

Hopefully this revised diagram clarifies what I am trying to do:



1. Remove the door from the northern wall of the house to the garden.
2. Remove existing fence and add a fence around the kitchen door to the garden and adding a door to the fence to allow access to second garden and garage
3. Extend garden to fence (although this isn't really an important point).