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Any legal bods out there........need a bit of info about 'rights of way'

2 replies

stilltryingtosell · 25/03/2009 19:04

We are trying to sell our house and the potential buyers solicitor has come to us with a query.

Basically we live in an old terraced house, which historically had rear access via the back gardens of several houses to the left. Also a few houses to our right can access the road through our garden too (hope that makes sense!)

I think this 'arrangement' stemmed from th distant past when people needed rear access for coal deliveries etc.

It has never caused us or anyone else in the terrace any problems and access has only ever been for specific things, such as moving large items in or out of the house. This has always been with agreement of who-evers gardens we/they are passing through.

The land registry says there is no right of access/ right of way and we also have a letter written to one of the previous owners from somewhere in Weymouth (is that also the land registry??) saying that no entry could be made in respect of a right of way as the period of use could not be proved to be more than 20 years' (seems odd to us but I suppose it must be right?)

So basically ARE there rights of way or not, i am thinking that perhaps people can accrue some sort of informal 'rights' but I am not suer.

Any help appreciated!

OP posts:
ickletickle · 25/03/2009 22:02

well to me it sounds like there is no right of way, just an informal agreement to access back gardens as and when needed. we had the same in our last house.

Fizzylemonade · 26/03/2009 14:14

I think the buyers solicitor is trying to protect them from people just wandering across your back garden.

There is a good website for this type of stuff www.gardenlaw.co.uk go onto the forums and there is a specific Right Of Way message board.

There are lots of similar cases, some neighbours openly abuse this "access" depends on your deeds.

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