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    • LawrenceStanley
    • By LawrenceStanley 14th Jun 19, 9:18 PM
    • 4Posts
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    LawrenceStanley
    Right of Way no longer needed?
    • #1
    • 14th Jun 19, 9:18 PM
    Right of Way no longer needed? 14th Jun 19 at 9:18 PM
    Hi Peeps,

    We're buying a mid terrace that has a Right of Way along the back of the house to access a water tank that no longer exists, if needed could we tell potential bad neighbours they don't have a right to enter our property any more?

    Here is the wording of the charges registry:

    ...full and free right and liberty for said owners and their tenants at all reasonable times hereafter to pass and repass on foot only behind the dwelling house hereby assured for the purpose of obtaining water from a tank intended to be used in common situate...etc.

    Would love to hear your thoughts
Page 1
    • Davesnave
    • By Davesnave 15th Jun 19, 4:55 AM
    • 29,496 Posts
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    Davesnave
    • #2
    • 15th Jun 19, 4:55 AM
    • #2
    • 15th Jun 19, 4:55 AM
    The right of way cannot be removed without the agreement of all those who benefit from it.

    In the case of a terrace, if all owners agreed, then they could have this right removed from title documents, but what do you imagine the chances of that would be, especially if they were 'bad' neighbours or someone disinterested, like a landlord? Who would pay the legal costs? There might be advantages for all, but it depends on many other factors.

    How many houses are involved and is this route immediately behind the houses i.e. between them and a garden/yard, or at the end of the garden? It sounds like the former.

    What appears to happen in practice? I know of a situation like this where 3 of the 4 owners move their wheelie bins along such a route once a fortnight + the odd bag of compost in a wheelbarrow. They don't seem to have a problem, but there is a clear benefit conferred to 3 of the 4, who would otherwise be very inconvenienced, as there are no front gardens.

    Moving in and issuing an edict banning others from what they've done for years might have far-reaching consequences, as I'm sure you appreciate.
    Last edited by Davesnave; 15-06-2019 at 4:57 AM.
    Opportunities may be missed, especially when they arrive disguised as hard work.

    • anselld
    • By anselld 15th Jun 19, 6:00 AM
    • 6,428 Posts
    • 6,369 Thanks
    anselld
    • #3
    • 15th Jun 19, 6:00 AM
    • #3
    • 15th Jun 19, 6:00 AM
    If the tank does not exist the stated purpose does not exist and there is no right of way for any other purpose. So in practice there is no right of way.

    As above though, enforcement is the issue if it comes to that.
    • da_rule
    • By da_rule 15th Jun 19, 6:36 AM
    • 3,541 Posts
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    da_rule
    • #4
    • 15th Jun 19, 6:36 AM
    • #4
    • 15th Jun 19, 6:36 AM
    I would be more concerned about what permissions were obtained to remove the water tank. The easement doesn’t just give them a blanket right of way, it’s a right of way to perform a specific action, which is no longer possible. They could, if you had bad neighbours, argue that they have suffered a loss through the removal of the tank.
    • Davesnave
    • By Davesnave 15th Jun 19, 7:12 AM
    • 29,496 Posts
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    Davesnave
    • #5
    • 15th Jun 19, 7:12 AM
    • #5
    • 15th Jun 19, 7:12 AM
    If the tank does not exist the stated purpose does not exist and there is no right of way for any other purpose. So in practice there is no right of way.
    Originally posted by anselld
    It also depends where the water tank resided and who had/has control of it.

    Let's say it's a terrace of 5 and owners of House 1 and House 5 are mates. House 5 had the tank but now like to use the path for other purposes. Someone comes along and buys house 3 or 4 and says "Ha, there's no tank, so you can't pass. I'm putting in fences."

    All house 5 needs to do is install 'a tank' so that his mate in House 1 can fill up once a year/whenever, and the fences become an obstruction.
    Opportunities may be missed, especially when they arrive disguised as hard work.

    • shortcrust
    • By shortcrust 15th Jun 19, 7:32 AM
    • 2,512 Posts
    • 3,975 Thanks
    shortcrust
    • #6
    • 15th Jun 19, 7:32 AM
    • #6
    • 15th Jun 19, 7:32 AM
    ... Moving in and issuing an edict banning others from what they've done for years might have far-reaching consequences, as I'm sure you appreciate.
    Originally posted by Davesnave
    Wise words! The official looking letters I sent to my mumís (crazy and possibly evil) neighbour about what she should and shouldnít be using a similar ROW path for really didnít help the situation. Even if youíre on solid legal ground itís pointless using stuff like this in a dispute unless youíre prepared to get a court involved. You end up looking a bit daft.

    And as Dave points out, all the neighbours need to do is put a tank in.
    • davidmcn
    • By davidmcn 15th Jun 19, 7:35 AM
    • 13,083 Posts
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    davidmcn
    • #7
    • 15th Jun 19, 7:35 AM
    • #7
    • 15th Jun 19, 7:35 AM
    Probably of most relevance - is anyone currently exercising the right of way (whether they're keeping within the terms of the deed or not)? A right which everybody else is unaware of is less problematic than if the neighbours are still regularly marching through the back garden.

    And (if the former) you might want to stay quiet about it (and possibly get indemnity insurance against it being exercised) rather than stir up trouble by pointing it out to the neighbours.
    • LawrenceStanley
    • By LawrenceStanley 15th Jun 19, 11:04 AM
    • 4 Posts
    • 1 Thanks
    LawrenceStanley
    • #8
    • 15th Jun 19, 11:04 AM
    • #8
    • 15th Jun 19, 11:04 AM
    Thanks for the comments, I was more wary if in future a problem should arise with terrible neighbours. I am actually looking forward to the community aspect and have always been friendly with everyone. As far as i am aware there is not significant usage at all.
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