Buying house, right of way for side passage turns out not to exist

cypresstree

We have been in the process of buying small semi-detached a house since late August.  4 days ago in a late repsonse to our solictors' enquiries, the vendor' solicitor revealed that no right of way exists for the side passageway into the garden, which is shared with the neighbour.  We had until then been under the impression there was a right of access, and wouldn't have made an offer if we knew there wasn't.  We're now at the point of setting a date for exchange, so this is very frustrating. 

Since we're cyclists and my wife's a professional horticulturalist, and the the house is too narrow to take bikes or other large and dirty things through frequently, we feel we may have reached an impasse.  The house is in an area with many streets of similar houses, sharing side alley access to gardens.  So it seems a strange situation.  Wondering if anyone has experience of a similar situation, or has any advice how we could proceed?

The vendor have given a statement of truth stating that they have had access over the 3 years they've been there, with the current neighbours informal consent, but our solicitor advises we'd need to prove 20 years of similar access to claim a right. The EA says we're over-reacting and access has existing the hundred plus years since the house was built, but cannot provide evidence.

cymruchris

Without a right of way - there's nothing to stop your neighbour putting a big shed across the gateway. They likely won't - they'll probably not mind you coming in and out - but it's likely and probably rather than definitely. Of course the current owners could sell up next year and someone else move in who'll have a very different attitude.

If you NEED a side access - this isn't the house you want. But if you're prepared to work with the neighbours to do your best to maintain side access - it's likely not going to be an issue if you keep on good terms. Only you can decide if this is the right one for you (Others might know ways to prove right of way - but it's not in my pool of knowledge). 

Titus_Wadd

I'm not the most impartial poster as I'm in court tomorrow to get full use of our RoW reinstated after 2 years wilful blockage.  You could call on the neighbour and ask their point of view.  Maybe they really liked your vendor, but they might take exception to bikes and compost toing and froing. Folk are weird and flawed and inconsistent...there, I managed to make a calm comment, even though I'm  v stressed atm!

bouicca21

I can’t think of any house I’ve ever lived in that would be easy to take a bike through (unless it’s one of those fiddly folding ones, and even then just think of the dirt and wet in the winter).  

Is the existing access through neighbour’s garden or via a path?  You could ask for the situation to be formalised.  EA is talking b%%%%%%s - all they want is a sale and the commission that goes with it.  

cypresstree

Thanks for your answers. Yes, I don't doubt they've had no problems with access, but as you all suggest, I'm concerned that could always change and we'd have no come back if it did.

Good luck tomorrow.

The access is via a path that goes between the 2 houses, perhaps it's possible the vendor could formalise the arrangement with their neighbour.

diystarter7

Titus_Wadd said:

I'm not the most impartial poster as I'm in court tomorrow to get full use of our RoW reinstated after 2 years wilful blockage.  You could call on the neighbour and ask their point of view.  Maybe they really liked your vendor, but they might take exception to bikes and compost toing and froing. Folk are weird and flawed and inconsistent...there, I managed to make a calm comment, even though I'm  v stressed atm!

Hi
About a RW. Those claiming to have RW, am I safely guessing that it would be on their deeds? If so, would it also be on the Land Reg deeds as I think they are often a shorter version?

Another point, like you court action - does your deeds state you have RW and do the deeds of the other house have to have it on their deeds that you have RW, please?

I'm safely assuming you taking them to court have the knowledge. i, therefore, wish you success.

cymruchris

cypresstree said:

Thanks for your answers. Yes, I don't doubt they've had no problems with access, but as you all suggest, I'm concerned that could always change and we'd have no come back if it did.

Good luck tomorrow.

The access is via a path that goes between the 2 houses, perhaps it's possible the vendor could formalise the arrangement with their neighbour.

Yes - if it's a path that passes through rather than across their back garden - that's certainly an option. There may be a financial implication to it - but the cost of which would depend on if it was advertised with a right of way, or whether you assumed there was right of way. It may be the neighbours would be happy to formalise it for a token payment of £X and costs covered. Not sure on the legalities of what would need doing, but I'm sure it could be achieved. 

theoretica

Does the neighbour own the passage then? Or is the boundary up the middle (giving incentive to you both to agree on access as otherwise neither would have it). What do land registry maps show for similar passages nearby?

Mutton_Geoff

Unless this can be resolved to your satisfaction, I would walk. I once owned a detached house with a shared driveway (right of access over drive to my garage at back of house). When I was moving in, the removal company turned up & my new neighbours wouldn't let them park the van on the shared driveway to unload, they had to go over the road and carry stuff across. They even used to complain that I put soapy water on the drive when I washed my car. Never again!

cypresstree

Yes, the neighbour owns the passage.  For many of the houses in the neighbourhood the boundary is up the middle of the passage, but for some, including this one, the boundary takes the whole of the passage into one property, despite it apparently being shared between the two.

cymruchris

cypresstree said:

Yes, the neighbour owns the passage.  For many of the houses in the neighbourhood the boundary is up the middle of the passage, but for some, including this one, the boundary takes the whole of the passage into one property, despite it apparently being shared between the two.

They might be inclined to officially share the right of way with a small sweetener then