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

pramsay13

I'm in an end terrace and although there is no right of way, there are gates all the way along.
Maybe sweeten the deal by offering to put in gates so if they really needed access to their garden without going through the house you would be able to offer it.

greatcrested

davidmcn said:

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.

True - some have rear access, some don't.

But those with are far more attractive to purchasers. Indeed many potential purchasers may/will be put off by knowing everythig has to go through the house to get to the garden. That reduces your number of potential buyers which can impact on price.

davidmcn

greatcrested said:

davidmcn said:

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.

But those with are far more attractive to purchasers. Indeed many potential purchasers may/will be put off by knowing everythig has to go through the house to get to the garden. That reduces your number of potential buyers which can impact on price.

Sure, some buyers will care about it, but I think even the most optimistic surveyors will struggle to say that a path round the back adds £x to the value.

kyleda86

davidmcn said:

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.

Ooh thanks, didn't even think of the mortgage part. I was antcipatign covering all costs

greatcrested said:

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?

See below for all 3

My land registry

 A: Property Register

This register describes the land and estate comprised in the title. XXX

1 (XX.XX.XXX) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being XX XXXXXX Road, XXXXXX and the passageway hatched brown (XX XXX).

C: Charges Register This register contains any charges and other matters that affect the land.

1 A Conveyance of the land in this title and other land dated 17 February xxx made between (1) xxxxx (Vendor) and (2) xxxxx (Purchaser) contains covenants details of which are set out in the schedule of restrictive covenants hereto.

 

2 The passage way hatched brown on the filed plan is subject to rights of way.

 

Neighbour B

A: Property Register This register describes the land and estate comprised in the title.

XX

1 (XXX) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being XXXX, XXX.

2 The land has the benefit of the following rights granted by but is subject to the following rights reserved by a Transfer dated 14 October

1931 made between (1) XXX and (2) XX:-

 "TOGETHER with a right of way on foot only in common with the said XX XX and all other persons entitled to the like right over and along the passage way coloured brown on the said plan XXX contributing a fair proportion of the expense of maintaining and repairing the said passage way coloured brown And together with the free passage and running of water and soil through the soil through the sewers drains pipes and watercourses laid or to be laid in under or through Numbers XX, XX, XX XX Road Except and Reserved unto the said XX XX XX and his successors in title the free passage and running of water and soil from all neighbouring lands and houses belonging to him or them through all sewers drains pipes and watercourses which now are or which at any time hereafter may be in or under or belonging to the premises hereby transferred."

 NOTE:- The passage coloured brown above referred to is the passage way leading from the rear of the premises into XX XX.

Neighbour A

A: Property Register

This register describes the land and estate comprised in the title.

XX

1 The Freehold land shown edged with red on the plan of the above Title iled at the Registry and being XX, XX.

 2 The land has the benefit of a right of way over the passageway at the rear leading into XX.

kyleda86

davidmcn said:

greatcrested said:

davidmcn said:

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.

But those with are far more attractive to purchasers. Indeed many potential purchasers may/will be put off by knowing everythig has to go through the house to get to the garden. That reduces your number of potential buyers which can impact on price.

Sure, some buyers will care about it, but I think even the most optimistic surveyors will struggle to say that a path round the back adds £x to the value.

The street I live in is mostly terraced, hardly anyone has side/rear access but the houses here sell pretty quick. I doubt it would make a difference as if you want to live in this area, 90% of the properties don't have side/rear access so you'd be waiting a while before you find one that did. 

As for my neighbours, as said again they don't use it. That's the only reason I am considering approaching them about it. Obviously if the costs are too much I won't bother.