Right of way query

VA2020

Hi all,

I recently purchased a property where a shared right of way between my house and the other was blocked off with their fence panel. The neighbours I share it with have only just moved in and this was done before they lived there. I’d say it’s been done within the last 5-10 years. 

It’s clearly written on my deeds which my solicitor had advised on too. Previous owners of the neighbouring property blocked off the access from my garden and used the side access as of way straight into their garden to make it sole access to their property and have gained a bigger garden because of it.

I have spoken to the neighbours to let them know that I plan to open my right of way in the summer. I have said that I am happy to pay for the few bits of fencing that would need to be placed to block off a part of their garden as a way forward. They have said that they will think about it but are not keen about the idea as it will affect the way their garden looks. As far as I’m concerned, it’s not about whether they are keen or not but I’m giving them time to come back with a response as I’m not doing it right now. They don’t seem to grasp that it’s not part of their garden, it’s an access between our houses, they’ve just had the luxury of using it for so long.

Every other property down this road shares this access equally, clearly listed in my deeds. I don’t want a dispute over this but I have a feeling it may go that way. Any ideas on a way forward? 

NameUnavailable

I would get a copy of their title deeds as well (from LR) and send them a letter with the copies of your and their deeds and explaining that you intend to reinstate the ROW and that you are willing to pay for the fencing required so there's no cost to them for this exercise and that it will then avoid any future issues disputes. Give them notice of when you are going to get the work carried out and ask them if there are any dates that they would wish you to avoid.

If they don't respond positively I guess you will need to go legal. Bear in mind that you will also then have a reportable dispute should you decide to sell (might be worth mentioning this in your letter also as the same will apply to them - lay it on a bit saying the current arrangement breaches the correct arrangements of the gardens and failure to resolve this will cause issues for them as well if they want to sell).

davidmcn

If the neighbours have also just bought it then presumably they, like you, have recently been told by their solicitor what their titles say. So none of this ought to come as a surprise to them.

Soot2006

Who OWNS the land? That person can determine what it looks like; fencing; landscaping, etc ...  The only thing they cannot do is restrict the right of way by blocking. E.g. their fence panel might need to be turned into a gate (if they own the land) but not necessarily be removed entirely.

If you both own it equally (unusual), then you'll need to come to a consensus about maintenance/hardscaping etc

Norman_Castle

VA2020 said:

I have spoken to the neighbours to let them know that I plan to open my right of way in the summer. I have said that I am happy to pay for the few bits of fencing that would need to be placed to block off a part of their garden as a way forward.

No need to block off part of their garden, access either side and a clear path through it is all thats required.

greatcrested

Indeed.

Look at the Title Plans for both properties and determine where the boundaries for each property are eg

* down the middle of the side access?

* to one side or the other such that one property owns the side access, with the other having ROW over it?

* either side of the side access which is owned by a 3rd party, and both properties having ROW over it?

Then print off both Plans (and the Title documents if the wording clarifies the Plans).

ideally, as you say, try to resolve this amicably. Were it not for Covid, I'd suggest baking a nice cake and showing them the Plans etc over a friendly cuppa.

Try the Covid equivellant, whatever that is!

VA2020

Thanks all.

The property does need fencing as otherwise I would be walking straight onto the grass in their garden so this would not be ideal and not what they would want either.

From the title deeds, it looks as though my property originally owned it and then gave access in the 1970s to the neighbouring property to enjoy as a right of way. The properties were built in the 1900s so rights of way are everywhere.

VA2020

The boundary lines both extend over the full ROW so we both equally own the full right of way, there’s no lines down the middle of it etc. Our whole boundary line for both properties cover the whole area of the ROW. 

greatcrested

Well then there's an error there somewhere. The area in question cannot simultaneously be part by two different properties.

Either an error occurred when one or other property was first registered and the boundary was mis-registered, or perhaps the error predates registration the old deeds never properly aligned.

However, clearly you have as much right as the neighbour, if not to ownership (and you may own the land), then in terms of ROW.

From the title deeds, it looks as though my property originally owned it and then gave access in the 1970s to the neighbouring property to enjoy as a right of way.

What makes you say this? Please quote.

The properties were built in the 1900s so rights of way are everywhere.

Forget the ROW elsewhere. Please quote all references to ROW relevant to this land, and where the ROW is specified.

My advice is the same as before, but before baking the cake, get as clear an understanding as possible, with as much evidence as you can.

GDB2222

Can I just check that this is of significant importance to you, ie it *really really* matters?

greatcrested

GDB2222 said:

Can I just check that this is of significant importance to you, ie it *really really* matters?

Even if not, it might be significant to the next potential owner. Just look how often we see buyers here concerned about boundary issues.

Best resolved now than later, even if OP has no current plans to sell.