Bisected but end of the path?

smpNWI

I'm interested in a terraced house that is advertised - and looks like - as having a bisected back garden. However, this garden is at the the end of the path (third in a row of six with paths from both sides)

Does this mean this house's part of the path is part of the deed and there's no right of way for anyone? Would I be able to extend the property into the garden as there is no-one who has to come through? I'd assume yes, but the way the garden looks implies that no?.

To get to this house's back garden, you'd pass through two others, but nobody needs to come through this one to go to their garden - and they can't, either, as there's a fence on that other side.

However, it's set-up as your typical bisected garden: little gate before the path, clearly set path, gate/patio after the path and then your garden. Why is this though there's nobody that could walk through this part of the path to get to their garden?

This is what confuses me, as all the other houses in similar positions I've viewed only had a private garden + a gate that leads them outside through others' gardens. 

Should I assume that I can treat this as a private garden because of its location on the path or would it be jumping to conclusions? 

deannagone

I think you need to look at the deeds.  Its difficult for us to advise with any accuracy at all without knowing what the deeds say.

smpNWI

deannagone said:

I think you need to look at the deeds.  Its difficult for us to advise with any accuracy at all without knowing what the deeds say.

That's a fair point but considering I don't have them at the moment, could you advise on the likeliest scenario? Or how to approach this in my communication with the agent come Tuesday?

deannagone

We'd just be guessing and know less about the property than you do. That could be unhelpful.  You might be able to download the deeds.  Don't trust what the EA who wants to sell the property says,  remember this is one of dozens of properties they are trying to sell, expecting them to know about the land surrounding it is expecting way too much. I am afraid expecting them to be honest is way too much as well. You have to inform yourself, I'm sorry and then come back to us if the deeds aren't clear  https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

RAS

Download the deeds from the Land Registry - costs £3

Tiglet2

You'll need the title deeds and the title plan to have any understanding of the set up.  Similarly, we cannot know and advise without seeing some of the excerpts from the deeds and a copy of the title plan (identifying parts redacted).  Make sure you obtain the deeds from the HM Land Registry official site (£3 per deed).  

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

You could also draw us a plan so we can picture the layout, but the detail will be in the deeds.

Section62

smpNWI said:

To get to this house's back garden, you'd pass through two others, but nobody needs to come through this one to go to their garden - and they can't, either, as there's a fence on that other side.

However, it's set-up as your typical bisected garden: little gate before the path, clearly set path, gate/patio after the path and then your garden. Why is this though there's nobody that could walk through this part of the path to get to their garden?

There are many possible reasons for the 'why', but they include the possibility that the adjoining landowner also had/has a right (but currently blocked by a fence), or the builder of your properties had plans to develop the neighbouring land and continue the RoW, but never got round to it.

All that matters now is the exact wording of your deeds, as explained by others already.

Even though you don't see why anybody would want to use the RoW on your land, that doesn't mean others don't have the right to use it if they decide to.  The wording of your deeds should help clarify that.

lincroft1710

Although I have seen several examples of what you describe and wish to do and I actually lived 3 doors away from one of these examples, I have no idea of the legality of the situations. As others have said, see what the deeds say.

smpNWI

Thank you all, will report back