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Neighbours Right of way through my property help

4 replies

fasteddiedog · 04/10/2017 21:14

My new neighbours have a right of way through my property! when I bought the property I was told it was bin access only, But they are using it every day wandering to and from many times! I have the official copy which states below but I don't fully understand. Please can anyone advise on these legal terms?

“together with the rights to light and air to the windows and apertures as at present existing for the benefit of the property hereby conveyed with the right of access onto the adjoining property of the vendor for the purpose of repairing and maintaining the property hereby conveyed or any part thereof reserving nevertheless to the vendor in fee simple a right of way on foot to and from the adjoining property of the vendor on the west and the right to passage of water soil gas and electricity and other services as at present existing over under or through the property hereby conveyed”

OP posts:
GU24Mum · 04/10/2017 21:31

Hope this helps:

You have:
Rights of light and air - ie the neighbours can't build a 5 storey building and block your light.
Right of access onto the neghbour's land to repair and maintain your property.

Neighbours have:
Right of way on foot (ie no vehicles, bikes, horses, scooters etc) to and from your house (assuming yours is the property "on the west" which is referred to. It's slightly odd as there's usually either an obvious reason (ie right across a garden to get to a path/road) or a stated reason such as loading the coal bunker (lots of these are historic!).
Right for the utilities to go through the cables/drains etc on your land

I haven't seen the doc though but it would make sense that way round.

The bit about bin access is probably that the solicitor asked the sellers what the neighbours used the access for and that's what they said. If you've got a copy of the Property Information Form the sellers filled out, have a look there.

fasteddiedog · 04/10/2017 21:53

Thank you so much for this advice! I will go and have another good look through all my property documents, Kind regards Faye

OP posts:
GU24Mum · 04/10/2017 22:00

No problem - if you get stuck, pm me if that would help.

Coloursthatweremyjoy · 04/10/2017 22:08

We lived in an end terrace house. Our neighbours had "foot and Barrow rights" across the back of our property in order to access the alleyway between us and the next block of houses. The reason for this was obvious though. They would have no access to the back of their own house otherwise. They used it to access their back door not just for bins etc. But it never bothered me.

They part owned the alleyway though.

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