Easements and oddities

Singlespeeder

Hi,
we're in the process of buying a house. Searches are back, all ok, the survey is good... it's an 1852 house so expected a couple of modest things. 
We knew there was a Right of Way up the side and across the back of the house, it's for one adjoining house only, wheelbarrow access, it really doesn't worry us.
It turns out we possibly (awaiting confirmation) 'own' an outside privy attached to the same neighbours house, with a RoW to use the same.
We don't want it, and won't use it. 
It looks like the old neighbour is going into a home so the house will likely be sold in the next year or so.
I think the privy will be more of an issue for the new purchasers than us, I wouldn't want my neighbour owning a small block of land on my property, so hopefully some amicable solution can be come to. Like I said it'll not bother us too much as we'll never use it, though it may stop them from getting an extension without them dealing with it.
The house we're looking at is superb with a 230' back garden, not overlooked, fairly private. 
I suspect a number of folks will say RUN AWAY! 
We're fairly comfortable things will be ok

princeofpounds

Why would we say run away? Sound fine to me, as long as the ROW is not too intrusive. What purposes can it be used for? Is the route well-defined?

The most disruptive thing that can probably happen is construction at the rear of their property. The privy is probably a useful tool for that reducing that risk. Does the privy still actually exist though? And do you actually own it, or is it merely a right to access and use it? (I appreciate you are still checking these things).

davidmcn

Doesn't sound a big deal to me either. Lots of redundant stuff kicking around in titles for outside bogs, coal cellars, communal washhouses, etc.

Singlespeeder

princeofpounds said:

Why would we say run away? Sound fine to me, as long as the ROW is not too intrusive. What purposes can it be used for? Is the route well-defined?

The most disruptive thing that can probably happen is construction at the rear of their property. The privy is probably a useful tool for that reducing that risk. Does the privy still actually exist though? And do you actually own it, or is it merely a right to access and use it? (I appreciate you are still checking these things).

Yes the Row is well defined... pass and repass but not linger, with or without a wheelbarrow, is what is on the Deeds.
The Privy definitely exists and whilst I believe the physical loo is no more, the building looks to be in fairly good condition. It's a lean-to built on the back of the house. Worst case I have to 'maintain' it, ok.... keep the guttering clear and paint the door from time to time. No great shakes. But you'd certainly think there's some leverage power in it, presumably we could stop any development of the neighbours property if they abuse the RoW.
I'm not a idiot though. I'd be quite happy to let them have it back, maybe for a modest sum, or not.
I'd rather get on well with my neighbours than get in any sort of a wrangle with them!
Assuming all goes ok, we appreciate if they have any serious building work done on the house they'll be using the RoW.... but it'd be fairly short term and we're fine with that  

Tallulah_Chicken

I'm afraid I'm in the run away camp!! We had a ROW across our garden for pedestrians and prams, and all was fine until the neighbour started using it as the main access to their house. They then started a home dog sitting business and all their customers also started using the ROW, so we had groups of people and their dogs several times a day trekking through our garden, very close to the house. We had a choice to either start legal proceedings (and so a neighbour dispute) or sell up and move on. We did the latter and lost a lot of money we put into the house (it was supposed to be a forever home!). I wouldn't touch a house with a ROW now, even if its ok at the moment there is no guarantee it will be in the future when your new neighbours move in. 

greatcrested

Run away from what?

There's a ROW for others, that does not seem to concern you.

There's a small building (privy) that comes with your property that you don't want/need. Soeither simply ignore/don't use t,or offer to sell it to the neighbour for whom it might be more useful. Or even offer to give it to him. If he's alderly, likely the property will be sold at some point - offer it to the new owners.

Or if you want oprevent the neighbour or new owners from extending, just keepit.

I fail to see why any of that suggests 'run away'!

frogglet

Was the wheelbarrow access for emptying the privvy?
There was something similar on here recently about a wash house but from the other perspective.

Singlespeeder

Been to see the house again yesterday. 
The old fella next door died between Christmas and New Year . We had a good chat with the other neighbours who essentially didn't much care for the folks we're buying off, said they were awkward and not particularly pleasant. Also said the old fella's nephew iirc was keen to resolve the privy issue once and for all, which is hopeful. Overall reasonably good news.
We still really like the house, it cosmetically requires a bit more work, but it really is just decorating, so to be expected.
We're now concerned that a short section of the boundary fence doesn't tally with what's on the (not very clear or accurate) plan on the deeds we've seen. I'd be ok with essentially "putting it right" but my partner (qualified, though not practicing, solicitor) thinks it could potentially be nightmare and is having second thoughts. She's, sensibly, waiting to see what comes back from the vendors solicitor, hopefully this week, to see if they can shed any light on this discrepancy, if not, we'll likely pull out, which is a MASSIVE shame because everything about the house is perfect for me, other than the line of this fence. I can't see us finding another house so 'right' easily.

davidmcn

Singlespeeder said:

We're now concerned that a short section of the boundary fence doesn't tally with what's on the (not very clear or accurate) plan on the deeds we've seen. 

In what way?

Singlespeeder

The plan on the deeds is somewhat vague imho... the house we’re interested in has been extended a couple of times and bares little resemblance to the outline on the plan. The garden is very long , about 230’ and I don’t think this boundary is any issue. As it get closer to the house things get a bit murkier... the pair of semi detached houses don’t sit on identical plots, our plot is possibly twice as wide as the neighbours....but once you’re into the back garden, say 30’ behind the houses,  the boundary kinks over so the gardens are then roughly equal width.... it’s maybe easier if you draw it... it’s the bit of the kink that is unclear, it’s hard to compare the plan on the deeds to the reality on the ground. I’m easy going and fairly non confrontational, and with the garden the size it is, if I have to lose a bit to the new neighbour, it’s not the end of the world. I just don’t want to get embroiled in a stupid boundary wrangle. 

theoretica

Is this the neighbour with the privy?  In which case if you are renouncing the privy they will surely in exchange confirm the boundary?