Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

End terrace and access for mid terrace neighbour

7 replies

Mum2Fergus · 02/07/2012 23:05

Have my eye on a house, have a nuggle though...its end terrace and there is a fence with a gate to allow neighbour in mid terrace access for bins etc. Currently they would walk past kitchen window if gate was used (seller says very rare) however, having driven past property again there is access to the rear by way of an 'alley' between the 2 mid terraces. Where would I stand in terms of access via the gate if I was to ask for it to be closed/moved? Currently it would have implications on extension plans...

OP posts:
montmartre · 02/07/2012 23:17

If they have right of access, you cannot change this.
Their access is through the garden of the house you're looking at, not the other neighbours' that have access through middle tunnel IYSWIM.

House we're seriously interested in atm has this issue, and I'm not sure if it's a dealbreaker for us, as we have small children, and I would be worried about gates being left open etc. We previously turned down a house for this reason too (last time we bought, 5y ago).

If you were to move the access to the rear of the gardens so you could extend that may be permissable, but you'd need a solicitor to advise really.

sereneswan · 03/07/2012 11:25

If they have right of access then that's it, they have right of access. If you tried to deny them access I would think you'll probably be on the receiving end of a very annoyed neighbour and solicitors letter/court case if you continued.

Moving the acess but still allowing them to use it...no idea. I think you need legal advice on that one.

nunnie · 03/07/2012 12:02

My parents are a mid terrace and have right to access through neighbours but in the 20 years they have lived there they haven't used it once, they leave their bins at the front.

If they use it it will be once a week or once a fortnight probably, I don't think they will be using it daily.

FireOverBabylon · 03/07/2012 12:11

We rented in a terrace which had this - we were the end terrace and there wasn't an entry between us and next door - the only external access to their garden was via ours.

Our landlord had installed a gate at the end of the garden and fenced along the back of the garden in front of the gate, effectively creating a walkway across the back of the garden. We got a private garden, next door got ease of access with a passageway behind our garden. It obviously does shorten the garden a bit though, which can be a disadvantage, but I guess you have to offset that against how much access in front of your kitchen window would put potential buyers off when you came to sell.

Mum2Fergus · 03/07/2012 18:17

Thanks all for your responses, all very useful...who is best placed to confirm the right of way? Solicitor? Should it be shown on the original plans of the house (seller has these available)? From what U can see my prospective neighbour had access to their rear garden via the communal gate and the middle alley ...

OP posts:
shouldbedoingtheironing · 04/07/2012 20:47

Definitely talk to your solicitor so you feel that you are totally in the picture about the access. I have a friend whose neighbour has right of access across her garden and he uses it twice daily to get his mobility scooter out. I think it frustrates her a bit because of her lack of privacy in the garden but not much she can do! However, if the seller says it is only used rarely it may not be such an issue for you.

tricot39 · 05/07/2012 19:06

if they have right of access it can be changed by negotiation. have you got something or cash that they might want. after terms agreed the deeds can be revised by a solicitor. dh agreed to this in exchange for a small bit of extra garden in his old flat. had been a big dispute between the old neighbours but being reasonable and sensible saw it sorted in a few months for A small legal fee. get negotiating!

New posts on this thread. Refresh page
Swipe left for the next trending thread