Private right of way

(28 Posts)
Aunt1em Mon 06-Jun-16 20:17:10

I am in the process of buying a new home . It is an end of terrace but the neighbour has a right on of way across our back door and ground floor bathroom. Our dilemma is that we wish to link an out building to the back of the house which is less than a metre away . We would therefore like to move the right of way twelve feet away from the house . Our new neighbor will not allow this to happen as he uses it to put his bins out and often uses it when coming home from work. Does anyone know if we can legally move this , still allowing right of way but not across our back door.? Two previous buyers have pulled out because he just won't compromise .

Junosmum Mon 06-Jun-16 20:20:22

Yes you can, but you need it doing legally. And he can petition it.

DancingDinosaur Mon 06-Jun-16 20:21:32

I'd apply for planning permission first for the building and to have the right of way relocated. You can apply for this before buying.

CharlieSierra Mon 06-Jun-16 20:21:44

You need to get proper legal advice but although you can't extinguish his right of way, he can't stop you developing your land - so you should be able to move it as long has he still has his access.

LyndaNotLinda Mon 06-Jun-16 20:21:59

You can't move it unless he agrees. So you can't join the outbuilding to the house.

And tbh, why would he? Right now, he can zoom through the shortest possible route and you want him to walk 12 feet round!

I'd pull out of the purchase if I were you

greenfolder Mon 06-Jun-16 20:23:18

I doubt it. Have lived in several houses like this with the same access rights. A terrace opposite tried to change theirs by consent to running across the ends of the gardens to improve privacy but the ones in the middles stated they did not want to pull their bins the lengths of 2 gardens. Fair enough really. If it's important you probably need to buy a different house!

ItsAllGoingToBeFine Mon 06-Jun-16 20:24:56

You can move it, but it is I believe a very long drawn out convoluted process, with no guarantee of success. If you need the extension then I'd pull out of the purchase.

Floggingmolly Mon 06-Jun-16 20:25:34

He absolutely can stop you developing your land if he has a right of way across it, unfortunately.

happypoobum Mon 06-Jun-16 20:29:22

Why would you choose to move in next door to someone this difficult? I really would pull out, sorry.

C2H5OH Mon 06-Jun-16 20:32:26

pull out now - this is neighbour dispute territory

Rainbunny Mon 06-Jun-16 20:35:26

This will be costly, drawn out process with no guarantee of success but likely will permanently damage neighbourly relations, which considering this is a terraced house with party walls could make for a pretty miserable existence. If the extension is a deal breaker I'd pull out of the purchase.

ExitPursuedByBear Mon 06-Jun-16 20:37:15

Good luck with that.

I wouldn't touch it with barge pole.

carltonscroop Mon 06-Jun-16 21:13:35

"Two previous buyers have pulled out because he just won't compromise ."

Because, I guess, they have been advised that it's far from certain that a right of way can be changed if a regular user objects.

Only proceed if you can bear to forgo your current building plans.

PreciousVagine Mon 06-Jun-16 21:19:46

If he's like this about a right of way changing slightly, what else will he be an arse about? Avoid avoid avoid.

ExitPursuedByBear Mon 06-Jun-16 21:20:25

I know someone who exercises his right, once a year, to access a water trough by walking through the grounds of my friend's house, right next to his kitchen and back door.

Rights of way are really important to folk. And rightly so.

ABCAlwaysBeCunting Mon 06-Jun-16 21:22:45

I've lived in a terraced house with right of way across the back and I'm afraid I wouldn't touch this with a bargepole. As others have said, if he's being like this now, it will only get worse in future.

throwingpebbles Mon 06-Jun-16 21:23:11

His legal right is not something you can just move.
Obviously you need clear legal advice
But your two key options would be to buy him out at a price he named or face a long and very ill-advised legal battle

If you only want the house if the right of way can be moved then I would think incredibly carefully about whether to proceed

Mouikey Mon 06-Jun-16 21:24:14

You may not need planning permission - depends on many things.

You will need his permission to change the access, it cannot be enforced on him even if you follow the legal process (and to be honest, why should it?) - may not be an inconvenience for you but will be for him (and no matter how much 'but its only x feet', 'its not that much of an ask' it doesn't affect you in the same way).

Personally I also wouldn't touch it... any issues with your neighbour and you will need to declare when you sell (totally not worth that).

I always advise (given the line of work I am in), you buy what you see, and changes that need permission, consent, agreement from others are all cherries (on top of the cake) if you can get them, but don't bank on it.

I wonder if he has had a falling out with his current neighbour and this is his way of payback!

throwingpebbles Mon 06-Jun-16 21:25:07

dinosaur getting Planning permission wouldn't have any impact on the right of way. They are two entirely separate processes.

throwingpebbles Mon 06-Jun-16 21:28:55

(You could, theoretically, obtain planning permission to build a house on a field that didn't belong to you. You would still also need to purchase the land as a separate process)

TheHiphopopotamus Mon 06-Jun-16 22:33:29

I'd pull out. I've lived in a terrace where next door had right of way through our back garden and it was a complete pain in the arse.

Get out while you still can.

Sallyingforth Mon 06-Jun-16 22:42:03

You could try bribery if the house is that important to you. He might agree to move his access route for a thousand or two.

noeuf Mon 06-Jun-16 22:48:38

Same as The Hip. I would never ever buy a house where someone else had a right of way ever ever again.

sizeofalentil Mon 06-Jun-16 23:01:36

Wait… Does his right of way give him permission to go in to the bathroom?

MidniteScribbler Mon 06-Jun-16 23:45:29

Just the thought of someone being able to traipse through my backyard whenever they wanted to would be enough to have me running for the hills.

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