Property with right of access

(31 Posts)
Hemuset Sun 30-Oct-16 21:32:37

I am looking to buy a house and I have found one that meets all my requirements. There is just one thing that is giving me pause. The neighbouring two properties have right of access onthat foot that passes past the kitchen window. The properties all have rear access through their own gardens where the cars are kept and the access across the property would only take them to the street outside the houses, so it would be quicker to use their front door and to bring things into the rear of the property it would be easier to use their own rear access. The houses are quite old and I suspect there were fields behind them when they were built which would have made the rear access they enjoy now impossible, I can't see them using the right of access much if at all. I am wondering if any one has a property with a similar situation who might be able to advise me if it is worth buying the property with the right of access in place?

TheHiphopopotamus Sun 30-Oct-16 21:40:59

I'm not sure exactly what you mean when you're describing the access (sorry, tired and brain not working) but I wouldn't buy a house where neighbours had access to my property.

We rented an end terrace where the house next door had access across our garden and we thought it would be ok as they'd only use it occasionally for wheelie bins. How wrong we were. They never used their front door, to the point of instructing the postman to come round the back (and through our yard) to post letters, the kids were in and out all the time, leaving their bikes in our garden and gates open etc. Sorry if this isn't relevant to you, but don't bank on neighbours never using your access just because they have other means.

Hemuset Sun 30-Oct-16 21:53:24

It is an end of terrace with the neighbouring two properties being allowed to walk through the garden and use the side gate. All of the properties are able to access their own gardens from the rear car park. I know there is no guarantee that they won't use it but I think it would be more inconvenient to them for them to do so.

JT05 Sun 30-Oct-16 21:55:56

Personally, I wouldn't. It would be impossible to ever extend the property. You could have awful neighbours who might have vicious dogs or troop continually past your window!

Hemuset Sun 30-Oct-16 21:57:51

I'm not concerned about extending the house it has ample room, I am concerned about gates being left open especially if my dog is in the garden

TheHiphopopotamus Sun 30-Oct-16 22:03:05

Have you asked the owner of the house you're buying if the neighbours use the access?

NewIdeasToday Sun 30-Oct-16 22:08:54

Have a look at the 'Gardenlaw' forum. Unfortunately it's full of people's queries about such access as it seems to lead to many problems. No doubt there are plenty of cases where it causes no problem at all. But it is a risk.

FlamingoSnuffle Sun 30-Oct-16 22:08:54

It's a no from me. It can be fraught with problems. You only have to wander on over to the GardenLaw forum for "rights of way" to see how petulant people can be.

You think common sense would mean your neighbours and all their visitors would either use the front door or their own rear access. Sadly not everyone is born with common sense.

A deal breaker for me with a property would be a right of way or a shared drive.

We had to specifically ask our postman to deliver stuff to our front door as the previous people plus the neighbours all used their back doors. I have absolutely no idea why this was. A perfectly fine front door at the front of the house, but no, walk all the way down the side of the house to the door into the kitchen.

Princesspond Sun 30-Oct-16 22:09:12

We bought a cottage and we had right of way thru the neighbouring cottage which was end of terrace. This was our only access to the rear of the property. We didn't use it that much, kept our bins round the front in the end as it was a pain wheeling them thru and round to the front. So I guess it depends on the neighbours

angeldiver Sun 30-Oct-16 22:09:24

I was an end terrace with next door neighbour having access through the back.
It didn't bother me and they used it every day when they left and came back to the house.
They knew I had a dog and were diligent about keeping the gate shut.
It wouldn't bother me if I lived with a similar set up again, it certainly wouldn't put me off buying an otherwise perfect house.

Hemuset Sun 30-Oct-16 22:10:23

The estate agent has been having trouble getting hold of him

BreatheDeep Sun 30-Oct-16 22:14:56

We live in a mid terrace with a right of access across the neighbours garden. We only use it for bins and DH getting his bike out occasionally. We're on good terms with neighbours. I don't really like using it so would feel weird doing it all the time.
Have you asked the current owners about the neighbours usage?

llangennith Sun 30-Oct-16 22:17:54

ExH had a cottage with this problem. No privacy and you never feel your garden is your own. Don't buy it!

JuddNelsoninTheBreakfastClub Sun 30-Oct-16 22:20:33

I would think very carefully. I lived in a mid terrace house where our only access from the back was past the end terrace, so we were seeing things from the other side. We didn't use it very often, for bins etc but the neighbour in the end terrace would try and make things difficult for us- trying to block the path with her bins and her car in the driveway. It was one of the reasons why we moved.

ObscureThing Sun 30-Oct-16 22:24:35

My DM would curse me for saying it (trying to sell theirs!) but I wouldn't touch it with a bargepole.

Their two neighbours have access through their garden. It's easier in every way to use their own ample access, but one of their neighbours is an awkward arse and insists on using his "right of access" at every opportunity. It might be fine, then decent neighbours might move and you might get some arses.

You've got dogs? Even more nope from me.

Fairybust Sun 30-Oct-16 23:25:48

I wouldn't buy it

Hemuset Tue 01-Nov-16 00:34:48

The dog is quite big and very bouncy so hoping that might discourage them lol

OlennasWimple Tue 01-Nov-16 00:41:23

I would worry about not being able to sell the house on in due course, because so many other buyers would not consider it

hooliodancer Tue 01-Nov-16 05:05:22

You can get this extinguished. You would need to ask the neighbours if they would be willing to give up the access. If they are, then it is a legal process, with you paying all legal costs. It cost us £800 to have our neighbours access extinguished. He had only used it twice in 15 years, but we were aware that if he moved other neighbours might want to use it more. We also wanted to build an extension.

If you ask the neighbours you will get an indication of how much they want the access! It sounds like it is a historical thing, that is just not relevant now. However, they could ask you to pay them to remove it. In fact, legally, you have to pay them something- we paid £1. They may want more.

Buying the access( or easement to give it it's proper name) really was the best thing we ever did, as a year later the neighbour from shell moved in. Despite not needing to use the access, he was very put out that he couldn't use it. He has made my life hell since he moved in, but at least he hasn't been able to walk through my garden!

hooliodancer Tue 01-Nov-16 05:07:38

Neighbour from hell. He is certainly not from a shell. Wish he was.

PikachuSayBoo Tue 01-Nov-16 06:32:10

I didn't buy a house once because of this. Neighbour did use the back garden though as daily/main access to their house.

PikachuSayBoo Tue 01-Nov-16 06:32:49

I guess you could get a gate with self closing hinges if your e worried about the dog.

CurlySusanFox Tue 01-Nov-16 09:24:07

I'm sorry but I do live in a semi but apart from that I'd never live in a property with a shared anything.

CurlySusanFox Tue 01-Nov-16 09:26:39

I'm sorry but I do live in a semi but apart from that I'd never live in a property with a shared anything.

heron98 Tue 01-Nov-16 09:50:37

We live in a semi. We cannot access our back garden from the road and have right of way round the side of the adjoining house and through their garden.

We have only used it when moving in and taking our furniture through the garden and once when we had builders in.

We certainly don't use it on a daily basis although I guess legally we could as we just enter the house from the front.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now