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

user1977

saajan_12 said:

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.

So I think the only practical option for this property are for a formal access agreement between your vendor + current neighbour, so you can then buy with that in place. If the neighbour is effectively giving the access, they may not feel they are losing much if the legal expenses are covered and they get a token cash incentive.

Also bear in mind that if the neighbour has a mortgage, their lender will need to be involved - so no doubt an admin fee, possibly a re-valuation and maybe separate solicitors to pay for too. The OP's request isn't unreasonable, but given the costs and likely delay (and possibility that the neighbours don't agree to it) the vendors might consider they can find another buyer for whom this isn't a concern.

penners324

Surely the title plans your solicitor sent over show if there's a right of way? Or ask your solicitor.

What the seller says still might not be accurate 

k12479

saajan_12 said:
So I think the only practical option for this property are for a formal access agreement between your vendor + current neighbour, so you can then buy with that in place. If the neighbour is effectively giving the access, they may not feel they are losing much if the legal expenses are covered and they get a token cash incentive. 

Given some of the horrendous issues people have with a right of way over their property (e.g. the threads below), I think the neighbour, or anyone advising them, would be making a significant error of judgement to agree to one, especially for only a token amount. Perhaps they will, but I'd consider it a small chance.


https://forums.moneysavingexpert.com/discussion/6403952/right-of-way/p1
https://forums.moneysavingexpert.com/discussion/6378652/right-of-way/p1
https://forums.moneysavingexpert.com/discussion/6383436/where-do-i-stand-regarding-right-of-way/p1

Grizebeck

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!

How did your court case go?

MoreProbs

To the OP, I think you should proceed only if the right of way is officially granted. But the chance of this happening is very slight.
I don't think you'll get this by prescriptive easement, as this has to be gained without permission and for at least 20 years. If the neighbour has given permission to your vendor to use this access, then that option is very likely scuppered.
If the neighbour is a nice friendly person, they might be prepared to allow this access to continue. However, this comes with lots of pitfalls: The neighbour might be happy to have the occasional pedestrian, but might baulk at bikes being wheeled through on a regular basis, and especially anything to with gardening or a small business. Again, the neighbour might initially be happy to allow this, but then become awkward if you have a falling out! And if the neighbour sells, I think there is a more than likely chance that the new one won't be happy to continue with this. How many on here would be happy to allow one of their existing neighbours to walk down their garden, wheeling bikes and barrows as much as they like, when they just don't have to?
I'm not being cynical about folk, but I would say that the chances are much higher that something will awry at some point, and whoever lives in the neighbouring house is one day going to say no more access.
OP, it sounds as though this access would be very important to you, so I have to say that it would be a mistake to proceed with the purchase unless the vendor and neighbour can make the access a true right of way. And I think the neighbour would be foolish to do this. If you, or a new owner of your house, falls out with the neighbour, they will regret their decision every time you walk down their garden!
Your EA is being disingenuous.

MoreProbs

And if by a miracle you did get a prescriptive easement, or find some other way to force access, how do you think your neighbour will feel?
The only way I can see this possibly working is if the vendor and their neighbour can come to an official arrangement that the neighbour is genuinely happy with. That will very likely require a significant monetary incentive before they sign away part of their right to that strip.

Boat_to_Bolivia

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!

How did it go? ....and yep nowt so strange as folk!

RedFraggle

What's over the passage? If they own it and your house goes over it you may have a flying freehold. 

michelle09

If I were you I'd walk. 

We were in the neighbours position - bought a house where we owned the path in between and the neighbours had no RoW.

We had no issues with the neighbours using it as a path but locked them out after they insisted it was fine to leave their bins there because the previous owners were fine with it.

We did make a point of putting in writing that the lock was because there had been some burglaries in the area (which was true) and of course we could let them down the side if they needed it for maintenance. 

But just because they let the current owners use as they please, doesn't mean they will let you. 

pinkshoes

If no legal agreement for a right of way can be put in place before exchange (with the current owners paying for this) then I would walk away from this purchase.

If you NEED access to the garden then it would be foolish to rely on neighbourly generosity to have that access. The neighbours might sell and who knows who might buy it?!