Right or way. Is it a concern buying an end of terrace house with a private right of way on foot onl

myself1999

I have viewed a house for me and my partner to live in. I notice from the land registration there is a private right of way on foot only. Will there be any risk or concern buying a house with this kind of "right of way"? Is it common for terrace houses? I wonder if living in a house like this one will easily have disputes with neighbors. Of course, I will not do anything on this footpath and make sure it will be useable by everyone who has the right to pass.

The path tinted in blue is the land of this property which the dominant tenements can pass.

I really like the house and hoping to go forward. Just want to have some advice if there is any potential risk or concern

Thanks!

user1977

It's very common in terraced houses. No particular risk other than the obvious one that people will be using the path.

Though that looks like it might be a handy shortcut for the public to get through to the other street - is that feasible, or is it locked/blocked somehow?

Bendy_House

Very very common, and usually not an issue.

Check the wording of the deeds carefully - if it says 'foot' or 'pedestrian' only, that's good. I doubt you'd have any concerns if someone were to wheel their bike through either, but it's useful to have it stated so clearly in case someone tries to take advantage like running numerous wheelbarrows of rubble through, and stuff like that.

Do the deeds mention who has the actual RoW over this - is it just that block of houses, or is it open to the public? (Very often it is the public too, but again this isn't an issue in most cases.)

Is there a good solid fence between 'your' property and this path? If not, you'll likely wish to put one in, ideally with a locked gate/doorway in it for you to have easy access to ensure it's being kept clear.

A couple of things I'd suggest - visit it at different times of the day and check it out.

Make sure your house insurance has solid Legal Protection included.

myself1999

user1977 said:

It's very common in terraced houses. No particular risk other than the obvious one that people will be using the path.

Though that looks like it might be a handy shortcut for the public to get through to the other street - is that feasible, or is it locked/blocked somehow?

Thanks! Yeah I think it is feasible as it is not blocked or locked. I hope it is okay as it seems to be a quiet area. I am thinking the owners should have put a gate there already if it is a huge problem. I hope it is a good sign to me that there is no gate there. 

Norman_Castle

Minor concern about neighbours dumping rubbish there or anti social behaviour from loitering yoofs. Walk down it, if it looks problem free it should be fine. If its a private row intended for residents only its possible to fit gates if problems develop.

myself1999

Bendy_House said:

Very very common, and usually not an issue.

Check the wording of the deeds carefully - if it says 'foot' or 'pedestrian' only, that's good. I doubt you'd have any concerns if someone were to wheel their bike through either, but it's useful to have it stated so clearly in case someone tries to take advantage like running numerous wheelbarrows of rubble through, and stuff like that.

Do the deeds mention who has the actual RoW over this - is it just that block of houses, or is it open to the public? (Very often it is the public too, but again this isn't an issue in most cases.)

Is there a good solid fence between 'your' property and this path? If not, you'll likely wish to put one in, ideally with a locked gate/doorway in it for you to have easy access to ensure it's being kept clear.

A couple of things I'd suggest - visit it at different times of the day and check it out.

Make sure your house insurance has solid Legal Protection included.

Yeah there is wording on the deed saying it is "on foot only". However it is not clearly stated who has the RoW over this. I am guessing I can find it out from paying £3 to download the deed from the neighbor. It doesn't state if it is public or private. I really hope only my neighbors who have their garden next to the path have the right of way. But even if it is public I think it is still fine as it is not a busy area. 
Yes the properties have a solid brick fence between the property and this path. All of the neighbors have the fence.

TripleH

I lived in an end terrace student house at University (there were only 3 houses in the row). We had a right of way over our 2 neighbours' properties but it was at the narrow strip near the house. There was a fence between each property and a latch gate.

On our other side was a 6 foot wall. In that case I doubt anyone would have cut across our house to go anywhere as there was nowhere to go. Had no issues with it in my time or the duration that my parents owned the property.

doodling

Hi,

It is important to understand that you will have no practical control over who uses the right of way, how often the right of way is used or what those people are carrying.

It is likely that all those who live in the terrace (at least a substantial number each side of you and maybe those at the back) have a right to use it and potentially the public too if they have been using it for a long time.

It is likely that anyone who has a right to use it can successfully argue that it is permissible to push wheelbarrows along it (assuming they fit) as that it likely to have been one of its historical uses.

If the right of way is walled (preferred) / fenced off from the rest of your land then it shouldn't be a problem - you can generally just treat it as if you don't own it.  If however it passes through space that you might want to use or feel should be entitled to privacy (e.g. your garden) then you need to think very carefully about whether that is the house for you.

oystercatcher

I would be checking out it's not a useful short cut from the pub to local 'rough estate' or you may get 'undesirable behaviour' if it goes from quiet area to quiet area is probably only neighbours and dogwalkers who will use it. If it's a decent size alley it may be a regular circular dog walk for locals. Hopefully they will clear up and that won't be a problem. It's only recently that we have changed our evening dog walk to include the little alley at the end of our close and we have been amazed at how busy it is with all the other local dogs. No-one leaves a trace of mess though

NameUnavailable

Access like this was intended for coal deliveries, bins, as well as access to the gardens without going through the house.

MalMonroe

I would never again buy a house with any right of way - public or private - next to it. I did so once and went against my better judgement as I did think it may be a bad idea but loved the house so ignored the small niggling doubts but regretted buying it the whole time I lived there.

I had also visited at different times of day, weekends, etc., to check that there wasn't any bother. I obviously visited at all the quiet times because it transpired that there was bother.

Local youths used it and they loitered outside my property and were a bloomin' nuisance. Others also used it, particularly dog owners who didn't always clear away their pet's deposits.

Whether public or private right of way - people take no notice. They don't think "oh, it's private, I won't go down there". 

I wouldn't, if it were me. I've done it and it was horrendous. There must be some other lovely houses in your area without rights of way attached.