Re-routing a ROW without servient owner's permission

user1977

Newbie22FTB said:

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.

What do you think your lender will make of it?

Newbie22FTB

user1977 said:

Newbie22FTB said:

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.

What do you think your lender will make of it?

I don't know. As I'm a FTB, is this something that has to be flagged persay? If the ROW is simply removed, then nobody needs to be notified? Sorry, I may be naive, I'm just trying to find a solution to this as I really only have a problem with the ROW.

wilfred30

As you would presumably want this sorted before you buy, the Deeds for both houses would need to be changed to reflect the removal of the RoW, your solicitor would probably be duty bound to inform your mortgage lender.

Newbie22FTB

wilfred30 said:

As you would presumably want this sorted before you buy, the Deeds for both houses would need to be changed to reflect the removal of the RoW, your solicitor would probably be duty bound to inform your mortgage lender.

Yes, it would have to all have been sorted beforehand.

I just wanted to establish the leverage in my/the seller's favour, with regards to the neighbour having already blocked their ROW  and also having built incorrectly (thus choosing the obvious, non-contentious issue of removing the ROW in exchange for their build not being reported).

user1977

Newbie22FTB said:

user1977 said:

Newbie22FTB said:

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.

What do you think your lender will make of it?

I don't know. As I'm a FTB, is this something that has to be flagged persay? If the ROW is simply removed, then nobody needs to be notified? Sorry, I may be naive, I'm just trying to find a solution to this as I really only have a problem with the ROW.

Yes, your lender expects you to get vacant possession of the whole property you're buying. You're telling us that isn't the case, because the neighbour has built on part of it. That's, objectively, a problem - whereas having the right of way isn't. 

Section62

wilfred30 said:

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.

Building control won't have a concern about the building being partly on someone else's land, unless there was an impact on (say) a public sewer in that land.

In principle the vendor could give permission for the neighbour's extension to straddle the boundary (e.g. to use the wall a party wall for their own extension in future) and this isn't something BC police.

A BCO may make the observation that the building appears to cross the boundary, but it wouldn't be a breach of BR and wouldn't prevent a completion certificate being issued.

DE_612183

so your potential new next door neighbour has built an extension on land that was not his, blocked off his own RoW and intends to just move it to where he feels he would like it to be, and you just have to put up with it?

I'd be very wary of such a neighbour and what would happen next - you say the agreement was with the tenant not the owner?

I think your new potential neighbour has taken advantage of the fact that the occupier of the property you're looking to purchase would not kick up a fuss as they are only renting.

You need to have a conversation with them to see how much of an issue this may be in the future - if they fob you off then I'd move on - it may be the perfect house - but it won't be the perfect home if you have a nightmare neighbour.

Section62

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...

The council won't get involved, or rather won't unless the extension was built following a full planning application which specified the size and position of the extension and the planners consider what has been built is a material departure from the approved plans. The owners may then have the option of making a retrospective application to vary the plans to match what has been built.

The remedy in this case (if the neighbour doesn't agree to act) would be an application to the courts for a (trespass) injunction, requiring the neighbour to remove that part of the building which is on the wrong side of the boundary.  The neighbour may gamble that you won't be willing to risk what it costs to get an injunction.

saajan_12

Newbie22FTB said:

user1977 said:

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

 So I hope that their build has made their ROW redundant?

Not necessarily, the ROW still exists upto the point its blocked, so they could
- build a side door in the extension area, in line with the ROW
- effectively block you (or a future owner of your house) from getting an extension over the ROW (and hence maintain light)
- if you want an extension in future, then use that to negotiate moving the ROW further down the garden. 

Overall yes you could try to negotiate agreeing to the 9 inches in exchange for extinguising the ROW. But that's still a negotiation, not something you can force as currently the ROW is still there. 

nicmyles

Newbie22FTB said:

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

If I have understood your proposal correctly, you are planning to threaten them with attempting to get their extension removed because it crosses your boundary and using that threat as leverage to get them to agree to relinquish their ROW.

Whatever the rights or wrongs of what they have done, I think they might view that as a dispute. But as I say, put it to them - but honestly, suspecting problems with the neighbours should make buying the property an absolute no.