Re-routing a ROW without servient owner's permission

user1977

Newbie22FTB said:

user1977 said:

Not from the sound of it, no. If I were the neighbours I'd be asking for some cash from your vendors...

Why though, when you've built over the boundary line when you shouldn't have? Is that worth risking the Council's involvement and potential removal of extension?

The council have nothing to do with the right of way in the deeds.

Newbie22FTB

user1977 said:

Newbie22FTB said:

user1977 said:

Not from the sound of it, no. If I were the neighbours I'd be asking for some cash from your vendors...

Why though, when you've built over the boundary line when you shouldn't have? Is that worth risking the Council's involvement and potential removal of extension?

The council have nothing to do with the right of way in the deeds.

I know, I meant that they might take issue with the building being erected incorrectly?

Newbie22FTB

user1977 said:

Newbie22FTB said:

user1977 said:

Not from the sound of it, no. If I were the neighbours I'd be asking for some cash from your vendors...

Why though, when you've built over the boundary line when you shouldn't have? Is that worth risking the Council's involvement and potential removal of extension?

The council have nothing to do with the right of way in the deeds.

Basically a tit for tat situation. Forego the ROW and your incorrectly built extension can stay as it is?

ProDave

I would not buy this property simply because the position of the ROW prevents YOU from building an extension.

nicmyles

Newbie22FTB said:

user1977 said:

Not from the sound of it, no. If I were the neighbours I'd be asking for some cash from your vendors...

Why though, when you've built over the boundary line when you shouldn't have? Is that worth risking the Council's involvement and potential removal of extension? I'm just trying to play devil's advocate...

Because you have to live next to these people. Neighbour disputes can be a nightmare (often emotional, often escalate) and it is almost never a good idea to deliberately walk into one when you have the option not to. You could certainly make an initial proposal and see what their reaction is, but if it's anything short of friendly and co-operative, I would not buy this house unless you are happy with the rerouted ROW.

Newbie22FTB

I guess I'm not seeing it as a "dispute" at present. More of a potential compromise/solution?

user1977

To be honest, the bigger problem is the recent encroachment onto the property you're buying rather than the right of way. 

Newbie22FTB

user1977 said:

To be honest, the bigger problem is the recent encroachment onto the property you're buying rather than the right of way. 

I agree it's an encroachment. However, as I've not lived there yet, I don't "miss" the extra inches and wouldn't dream of living next door to someone after forcing them to knock down a build. I would only truly feel the impact of the ROW as it would be an ongoing inconvenience. So I hope that their build has made their ROW redundant?

wilfred30

Given that you say that the neighbour has no side access, I think it's highly unlikely that they will agree to extinguish their RoW.

It would mean that they would have to take their garden waste through the house (and bins if they can't be kept at the front).

I'm more than a little surprised that you say that they have built their extension 9 inches over their boundary into your sellers' garden.

They probably didn't need planning permission but they would have needed to comply with Building Regulations and I can't imagine how they could've got a Compliance Certificate in that situation.

Newbie22FTB

wilfred30 said:

Given that you say that the neighbour has no side access, I think it's highly unlikely that they will agree to extinguish their RoW.

It would mean that they would have to take their garden waste through the house (and bins if they can't be kept at the front).

I'm more than a little surprised that you say that they have built their extension 9 inches over their boundary into your sellers' garden.

They probably didn't need planning permission but they would have needed to comply with Building Regulations and I can't imagine how they could've got a Compliance Certificate in that situation.

The Party Wall award was granted on the basis that the owner of my house agreed to the terms. However, they incorrectly sought the agreement of the long-standing tenant and not the actual owner, the seller. So, it's a bit of a rabbit hole of errors but ultimately, would they risk a complaint with building regulations in favour of maintaining a ROW? Their bins are typically in the front garden. 

I'm just trying to weigh up the risk to them versus my request to simply remove the ROW (which they currently have blocked themselves!).