Buying a house with right of way issue

Section62

7ames101 said:

Below is the illustration from the deeds. The dark grey is the pathway (or what should be the pathway) along the side of the neighbouring property, and then across their rear garden, leading to the rear garden of the property I'm looking to buy.

I don't think it has been mentioned already, but the property to the left of the one you are looking at appears on the plan to have the same kind of path (presumably running the full width of the plot) as yours does.

Have you checked to make sure they don't have a RoW across your prospective garden and the end one as well?  If not, then how do they access their rear garden?  Is there another access from the road at the other end of the block?  It isn't uncommon in this kind of ginnel/snicket/passageway situation to find that all occupiers have an equal and mutual right to use the whole length, especially if there is more than one way to reach the street.

7ames101 said:

The deeds state: "A right... of foot and barrow way over and along the pathway... to and from the property hereby transfered from and to [name of the street at the front]"

That rings a small alarm bell for me. 1962 feels quite late in the history of housebuilding to have this kind of shared path right next to the building, and possibly to be referring to "barrow way".

My feeling might be wrong, but is it possible this RoW pre-dates the 1962 construction of the buildings and possibly gives rights to other property, not just any obvious ones?

Out of interest, was it built by a local authority?

7ames101

Section62 said:

I don't think it has been mentioned already, but the property to the left of the one you are looking at appears on the plan to have the same kind of path (presumably running the full width of the plot) as yours does.
Good eyes! I thought the same when I saw the plan, but there's no physical opening between "mine" and that side, and nothing on the deeds or answers from the vendor mentioning it. That side is only mentioned in terms of drain repair access.
Have you checked to make sure they don't have a RoW across your prospective garden and the end one as well?  If not, then how do they access their rear garden?  Is there another access from the road at the other end of the block?  It isn't uncommon in this kind of ginnel/snicket/passageway situation to find that all occupiers have an equal and mutual right to use the whole length, especially if there is more than one way to reach the street.

Appreciate the thoughts there, but am pretty certain it's okay: This is a row of 4 terraced, and it seems the situation I have is mirrored at the other end, i.e. if we number them left-to-right as 1 to 4 and say mine is number 3 with rear access via 4's garden, then it'd be that 2 has rear access via the garden of 1. They have the same type of path down the side of 1 as runs down the side of 4.

7ames101 said:

The deeds state: "A right... of foot and barrow way over and along the pathway... to and from the property hereby transfered from and to [name of the street at the front]"

That rings a small alarm bell for me. 1962 feels quite late in the history of housebuilding to have this kind of shared path right next to the building, and possibly to be referring to "barrow way". When I read "barrow" in the context I pictured some old workers type of barrow, like a real old-fashioned road sweeper or something, but I suppose it could have only ever been intended to mean wheelbarrow

My feeling might be wrong, but is it possible this RoW pre-dates the 1962 construction of the buildings and possibly gives rights to other property, not just any obvious ones? Worth considering, thank you, but it's pretty enclosed around the back, there is nowhere nearby which would have use of an access. I would think I have to be able to trust the deeds would mention it?

Out of interest, was it built by a local authority? No, the deeds mention a well-known local building company (who still have a prominent yard a few miles away) and list the first sale transfer to a private individual the same year it was built.

Thanks for the thoughts and for posing some original questions there!

Section62

7ames101 said:

Appreciate the thoughts there, but am pretty certain it's okay: This is a row of 4 terraced, and it seems the situation I have is mirrored at the other end, i.e. if we number them left-to-right as 1 to 4 and say mine is number 3 with rear access via 4's garden, then it'd be that 2 has rear access via the garden of 1. They have the same type of path down the side of 1 as runs down the side of 4.

That would make sense. For peace of mind and nosiness I'd consider getting a copy of number 2's deeds just to check they are a mirror of yours and don't contain any nasty surprises.

When I read "barrow" in the context I pictured some old workers type of barrow, like a real old-fashioned road sweeper or something, but I suppose it could have only ever been intended to mean wheelbarrow

I've seen the term "barrow way" used as a legal term - it that context it was used to make it clear that the RoW included use for something having wheels and being pushed or pulled, not just by person strictly on foot. (the question related to whether vehicular access (in the modern sense) was allowed). But the solicitor dealing with the issue regarded the term as archaic and was surprised to see it used in that case. I guess I've just inherited that surprise.

No, the deeds mention a well-known local building company (who still have a prominent yard a few miles away) and list the first sale transfer to a private individual the same year it was built.

Ok, I just wondered as sometimes local authorities take a more communal approach to access ways, and some local authority solicitors had a penchant for archaic terminology where more modern phrasing would work just as well.

Jeepers_Creepers

Darned good points, Sect62.

There was a thread on here a short while ago involving a terrace or semi where the poster had a front garden to which the neighbour had a right of way across in order to access their back garden via a side gate. The use of this was limited to certain things - I can't remember the actual terms - but essentially for gardeny type stuff, moving waste etc, as I recall. The neighb also had access to their garden via their own house, so they weren't completely stuck. However, this neighb - a painter and decorator - would turn up after each working day and empty his van, taking all the paints and ladders etc across the poster's garden rather than through their own house - whilst the poster's family sat there.

Seemed there was next to nothing they could do about this, so they were contemplating having a screening fence put up just for this RoW...

Ie - don't assume that no-one in future will assert their 'rights' over your garden. There's a whole lotta arrisols out there.