Conveyancing / Change of "right of way" & site plans

kyleda86

Hi all,

This is just an idea at the moment, not sure if we will look into it so looking for some general advice

I own an end of terrace house and to the side of my property is an alleyway that gives access to two of my neighbours (A&B on the diagram)

As part of our freehold, we own all the land of this alleyway but are due to give right of way to A&B

A never uses it, to the point where they have built a shed with no access where their gate would be

B hardly ever uses it, I assume that its hardly and not never because I’ve never seen them use it

My question is – Can I negotiate to remove their right of way so I can knockdown the walls of my garden and extend into the alley. The diagrams will show you what I mean by this

My intention is to offer A some kind of settlement and offer B the land behind their garden in exchange.

Any advice on this?

Has anyone done anything similar?

Thanks

davidmcn

It's certainly possible. It's a bit fiddly from a conveyancing point of view, as you'd need to involve any mortgage lenders too, and (even if your neighbours don't ask for a significant price), I expect they'd at least want you to cover all of their costs.

greatcrested

Yes possible provided both neighbours agree, as well as their mortgage lenders (if any).

It may devalue their properties, and they may want compensation for this.

What is the exac wording of the ROW, and is it shown in all 3 Titles?

Blue_bell_20

How will A and B do gardening and then take the bin out? What is the solution for this, or does A and B not really have much of a garden? (Could be a problem for any future buyers who like gardens). 

NameUnavailable

If I was A or B I'd refuse - I looked at a mid terrace house an it was only later I realised that there was no rear access so garden waste, bins, dirty wet bikes etc would all have to go through the living room/dining room/kitchen..........

bouicca21

NameUnavailable said:

If I was A or B I'd refuse - I looked at a mid terrace house an it was only later I realised that there was no rear access so garden waste, bins, dirty wet bikes etc would all have to go through the living room/dining room/kitchen..........

Me too.

AdrianC

How much garden space will you gain?
What will the total cost be for the recompense you'd give A, plus legal costs for all three sides plus lenders?

wilfred30

It hardly seems worth it.  It would be a lot of hassle/money just to increase the size of your garden by a small amount (the width of the alley).

I also wouldn't agree to it for the reasons already stated i.e. garden waste/bins etc. having to go through the house.  It might not bother the current owners but, if they want to sell, it may well affect the saleability of their house.

princeofpounds

As the others have said, it's legally very possible. 

Even if the neighbours agree, the problem you'll have is the mortgage lenders. They will see their collateral being devalued. They will be want to be paid to consider it, and they will want to be paid to have surveyor(s) do that for them. Then they may ask for thousands of pounds of mortgage repayment, leaving your neighbours little better off in terms of liquid cash. 

That's not to say it's not worth trying. But you'll have to shell out a few thousand to get an answer, and it may not be one your neighbours like at the end of the process.

davidmcn

princeofpounds said:

Even if the neighbours agree, the problem you'll have is the mortgage lenders. They will see their collateral being devalued. They will be want to be paid to consider it, and they will want to be paid to have surveyor(s) do that for them. Then they may ask for thousands of pounds of mortgage repayment

I doubt it will make any significant effect to the value of the properties - it's hardly uncommon for terraced properties to only have access through the house. But the lenders will certainly want a fee for thinking about it.

TheProfessional

Our old house had a shared back alley. We were told we have to keep access clear for gardens, bins and fire brigade if necessary