Compensation for moving a right of way

[user1492765388]

We have a ROW over our NDN's garden and round the side of their house. Our NDN wishes to extend their property out the back across our ROW and have been speaking to us with various options over the past year. Originally they wanted to buy our ROW but we have been advised by an estate agent friend to keep it for as and when we sell the property.

We only tend to use the ROW for things like building work (we recently had an extension). We try not to use it much as it's not very neighbourly. We have another way into our garden at the back of the property. Whilst this works well, it does involve going up and down a bank which isn't the most convenient. This is not an official / legal ROW. It enters into a Council car park. Council are happy for us to use it but not prepared to grant a legal ROW as target don't know future plans for car park.

Current request from neighbours is to move ROW. Moving it anywhere is an inconvenience to us. Our gardens are tiered, so we have a flight of steps up to our ROW at mo. We have a shed on the same level (diff to explain!). But basically we have to keep these steps anyway due to design of garden. So moving ROW elsewhere involves steps somewhere else in garden and much longer walk (gardens are quite long).

We really like our neighbours and want to be fair. We are happy for them to extend their property. Question is, what is a fair price for our inconvenience in moving the ROW? How do you put a value on that? Thanks

So the ROW would be more of a PITA to use, but you don't use it THAT often anyway.

How much are your houses worth / how much do they want this extension... is it worth £10k to you both? £20k? more? Less?

Yes exactly, much more inconvenient to use, but we dont really use it anyway. We also have inconvenience of having some more steps and a gate elsewhere along the border.

So I'm trying to work out what it's worth to move it. Potentially may make ours more difficult to sell when the time comes as will be quite an unconventional ROW.

Houses are both worth in the region of £750k, or there's will be once they've had the work done. We originally thought £5k and they were shocked we were asking anything. They have come back with £2.5k. It's a really difficult thing to value I think and I'm not sure how we go about it. I guess it's worth what we both think?!

Theirs not there's!

I hadn't thought of speaking to an estate agent about that, so will try that, thanks

How much is your property worth with the right of way and how much would it be without it? Is it worth the trouble for you and future owners changing the row? Any drawings for us to look at of the layout and where row goes regarding ndn and yourselves?

So I will definitely speak to an EA to get an idea if the value of our home is affected by having a less conventional ROW, or if it's likely to be harder to sell. That's one consideration.

The other is whether there is value to the fact that we'll have another set of steps in our garden leading to New ROW. I see this as an inconvenience to us that should probably be compensated.....just want to be fair but not cheeky.

I will attempt to attach a diagram. Interested in hearing whether others would allow this move of ROW and if you would, would you expect to be compensated and by how much?

Diagram

do you have a mortgage?
If so, your lender will be the one to make the decision on this as it affects their security

Your NDN will have to pay its legal fees and yours (including any consent needed from your mortgage company). If you only use the ROW for occasional heavy-duty access, I'd probably prefer to keep good relations with my neighbour and focus on them doing any landscaping/putting in steps for you on your side of the new access rather than hard cash but I'm probably a softy!

Agree with GU24. I think I would expect them to pay all building costs for steps and gate etc, and legal costs including adjusting land registry. But ... only after I had checked with my solicitor and mortgage company whether this would have any adverse ramifications

We do have a mortgage, so I know we need to check with the lender. I'm assuming they'll be ok as we have quite a lot of equity and we are only looking to move rather than give up the ROW. I'm just guessing though, so I should probably call them sooner rather than later.

Thanks for your replies. Am trying to find the middle ground between a softy and being cheeky .

you could always ask them to put it in the legal documents that they have to maintain the new steps on their side to go to your level. Then you're not missing any space in your garden. I'm assuming the money isn't really the issue for you, it's just the loss of space and potential resale. So you can easily mitigate the first one.

Having spoken to the mortgage provider and a solicitor first so covered any additional losses, I would want them to cover the legal costs and also get a quote for a garden landscaper to move the steps and possibly make the new access less inconvenient and see how that floated as an idea for compensation (only ask for this if you would actually go ahead and get the work done. (We have a tiered garden with a narrow sloping path up one side that makes moving things up and down between the house and the road easier (think washing machine deliveries etc so this is the kind of thing I had in mind.)