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

NewDecade · 8 December 2020 at 6:45PM

RAS said:

How does anyone get into the garages?

Not sure but I'm not sure if it was designed for cars as the width for a car to drive in is very narrow (6 ft) and it looks to be simply used as storage by the current owners.

NewDecade · 8 December 2020 at 6:46PM

DCFC79 said:

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.

Yeah I've just paid the £6 instead of relying on the EA as you can never trust them with the detail.
Here's what it said:
"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."

For clarity, the property I want to buy is the one mentioned on 'Y Road' and the cafe is the one on 'X Road'

NewDecade · 8 December 2020 at 6:48PM

theoretica said:

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.

I saw bins and a door yep. If it's really the same legally then am I just overthinking it?

NewDecade · 8 December 2020 at 6:50PM

sgun said:

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).

There is - good point, I didn't think of it being a fire exit. That would make sense. This is what the ROW 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."

With regards to the fire exit rules, google mentions: "Minimum width for an escape route should ideally be 1050mm but in any case not less than 750mm and where wheelchair users are likely to use it not less than 900mm." So as long as I leave that amount of space left then it's okay?

frogglet · 8 December 2020 at 7:51PM

Does the "excepting and reserving to the vendor" mean the house you are buying owns it? Or is it marked on the title plan
It might be worth getting the deeds of the other properties to see what they say.

greatcrested · 8 December 2020 at 9:26PM

I'm still struggling.

So the ROW starts at Y road (at the base of your diagramme), enters House 2, and passes through the house, and exits into the garden and thence to the rear of the cafe?

RAS · 8 December 2020 at 9:46PM

greatcrested said:

I'm still struggling.
So the ROW starts at Y road (at the base of your diagramme), enters House 2, and passes through the house, and exits into the garden and thence to the rear of the cafe?

My understanding is that at ground floor level there is a passageway between X and Y roads, leading to the cafe.
At first floor level the property the OP might buy extends over the passageway.

The OP's problem seems to be that access to the garden immediately to the rear of the property is via the ground floor bathroom beyond the kitchen?

Not clear if it is possible to re-site the bathroom upstairs. Meantime the OP was considering enclosing part of the passageway to allow access from the kitchen to the garden?

Mickey666 · 8 December 2020 at 9:54PM

All this confusion and potential for future problems would have already had me walking away from this property.

frogglet · 8 December 2020 at 10:00PM

On your diagram you show your intended path. Bearing in mind it will probably to be a metre wide , that means the ROW is about 6 metres wide on your diagram. Is that about right?

LadyDee · 8 December 2020 at 10:18PM

Have you instructed Solicitors to act for you? They will be asking the vendor's Solicitors the appropriate questions, such as whether there have been any disputes relating to the right of way. Don't rely on the vendors or the estate agents to tell you the truth. There might be legal restrictions on any changes you wish to make to the layout, even your mortgage company might be cautious about the right of way and maybe require some form of indemnity insurance cover in case of any future disputes.