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Looking at buying a house with a right of way/easement, help!

33 replies

Lukey2015 · 22/11/2018 21:25

Hi, I am new to mumsnet and hope someone can help me with sharing some experience in buying properties with right of way. The house we are looking to buy is absolutely gorgeous and tick all boxes with a big garden for the children. However, it is semi detached and neighbour next door has a right of way over the back of the property, not only for bin access and maintenance purpose of their terraced house but they are also allowed to “drive” their car over the concrete portion of the house to enable them to park on the back of their property. I am so worried because although the neighbour is lovely and uses the car not very often, I can’t buy the house based on her personality. What happens with new owners’ habits? The deed was done in the early 1920s for “foot horse” access and carriage way so totally different era! I now also discovered that the right of way has no terms of use agreed in writing (basically it doesn’t say if the neighbour’s guests can use it too, commercial vehicles, delivery vehicles etc). I had a terraced property in London and never thought that houses today had such luxury over other people’s land in other parts of the country. Where is the safety and privacy with these arrangements? I kept my bins in front of my terraced house and parked on the road and I wouldn’t think of using someone else’s land to drive my car over so I was horrified when I heard that some houses had such arrangements in the deed. Would I be too crazy to continue with this purchase? The house was already reduced more than £100K from their first advertised asking price, probably because of buyers being put off by it, so I was told I was getting a good deal. I guess I would never be able to get a dog for the children... thanks!

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MiniMum97 · 22/11/2018 21:35

I declined to buy a lovely house for exactly that reason. I didn't think that was something I could live with. Current neighbour was nice but you never know who will move in.

BayTrees · 22/11/2018 21:56

We risked it. Just foot traffic as the gate to next doors garden is narrow. Our lovely next door neighbour didn't even use it for bins: as a mid terrace house she had some kind of dispensation to use bags as she'd never be able to get bins through her layout. The builder currently refurbishing the house has been incredibly polite and ensures any trade needing to access the back has checked with us first
Now really hoping whoever buys it is as thoughtful, but really so far it's been no issue at all

Chocolatedeficitdisorder · 22/11/2018 22:03

Essentially, you really shouldn't think of it as being your garden. The land is there to serve the dominant tenant, ie your neighbour and you should assume that they can use it to the fullest allowed.

If the rest of the house is perfect, could you fence off a small part closest to the house which wouldn't interfere with the access? Is a garden worth £100k to you? Plenty of people keep dogs without large gardens, even a postage stamp is enough for an early morning pee.

Lukey2015 · 22/11/2018 22:12

Thanks all. Unfortunately I can’t fence off any of it because the “vehicle” access is right across the back of the property on a paved area and then garden commences from that point onwards towards the rear end of the property so the right of way is the “sandwich” in the middle between the property building and the garden. Hope that makes sense! Baytrees- does your neighbour also have vehicle access over your land? Thanks! L

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TBDO · 22/11/2018 22:36

It doesn’t sound like a good garden for DC, I’d only buy if the house itself was absolutely wonderful.

Lukey2015 · 22/11/2018 22:50

Hi Baytrees- does your neighbour can also drive over your land or just bins and foot access at the moment? In our case the neighbour drives over the back of the house before the building meets the garden. So children can be running towards the garden from the house and be faced by the neighbour’s car coming in to park on back of their property 🙈

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Lukey2015 · 22/11/2018 23:06

I know TBDO, agree.. safety risks for DC and we are just in denial because property is indeed breathtaking... charming period features, renovated, converted basement with its own entrance etc.... but neighbour (and whoever she wants to access her property) can simply keep driving behind our house under our nose! Not sure if all the beauty is blinding me...

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Oakmaiden · 22/11/2018 23:14

My parents have really confusing easement to their house. As far as I can gather the piece of land leading to their back door belongs to a neighbour, but it has actually been fenced off so my parents have effectively private use of it. However, in order to reach their front door my parents have an easement with another neighbour (they have to walk up the neighbours drive to get to their front door) and then the neighbours have an easement through my parents' garden to let them get to their garden. My Mum and dad also have a walk in wardrobe which strictly speaking is part of the neighbours house (so above the neighbour's dining room). It is all very confusing, and will probably be a nightmare to sell when the time comes. It all works out OK, though. You just have top accept that that is the way it is and not get pissed off when the neighbours and their dog traipse through your family BBQ. Or alternatively not get pissed off when your neighbours ply you with drinks as you were trying to get to your garden for some piece and quiet...

SouthWestmom · 22/11/2018 23:17

I'd run a mile tbh. My neighbour had bins access across the back of my house and all the bloody time, her, her kids, her mum, whoever she wanted, in and out the garden peering in the window, polite tight smiles if we were in the garden. Such a bloody nightmare.

llangennith · 22/11/2018 23:32

See if you can buy your way out of the easement and if you can't DON'T buy the house.

Ariela · 22/11/2018 23:44

As llangennith says, see if you can buy the easement. Otherwise avoid.

Lukey2015 · 23/11/2018 00:02

Thanks everyone, all very helpful. I have asked to see the neighbour before exhange and gauge whether a proposal to buy the easement would be of interest. However, she has been living there for decades and doubt she would want to change her ways. I heard people never sell their right of way... I think I just need to get out of it all whilst I can and before I am faced with more legal costs ...such an shame!!

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Chocolatedeficitdisorder · 23/11/2018 00:06

I would doubt very, very much that anyone would sell rear vehicle access to their terraced house as it would massively devalue their property, that's assuming their mortgage company would even agree. The house sounds like it's priced to reflect the access.

Lukey2015 · 23/11/2018 08:41

Yes, I doubt she would agree to it, so if I propose to buy the right of way I would assume I would have to get estate agents doing an assessment of the house value with and without it and I would offer something around the difference, if it isn’t a fortune...

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RB68 · 23/11/2018 08:56

Its a nightmare getting them removed - we have some redundant ones on our property - but you have to go back years with the owners

Basically we ar the original 7 houses with two estates front and back - when the first estate was built out houses lost access to the road that way and our houses flipped so the front became the back and back became the front. But there is still technically a right of way into our garden by 4 neighbours and down the length of the garden to the back of someone elses house (Which is one of the first estate houses built in the 50's ish) it is no lnger used - there is a solid fence and flower border and a solid fence at the bottom. It hasn't been used for around 30 yrs as neighbour been here that long/ We also have a vehicular access right of way on the shared drive which runs across the front (used to be the back) of the property Access no issue maintenance a bloody nightmare

Lucisky · 23/11/2018 13:32

This would be my idea of hell. You would always worry about the car coming along as your children go out of the door. Then in the summer - you want to relax in the garden, but you are essentially in a shared space. The joy of a private space at the back of your house is exactly that. If you want to sunbathe topless, have friends round for drinks and a bbq, there is always the potential of having an audience with this set up. I have bought a few properties in my time, and wouldn't even view ones with rights of way. I don't want neighbours walking past my windows and letting my dog out on the road. I would move on op.

SushiMonster · 23/11/2018 13:35

I wouldn't buy this property. Not unless there was a massive discount.

I would buy a property if the garden was massive and the easement was at the back and could be fenced off (essentially just losing some garden) but no way in the middle of the garden.

CelticPromise · 23/11/2018 13:42

We had this (in our terrace in London). We were the end terrace and the two houses next along had a right of access through our garden. It was no bother at all. People are generally reasonable. It was not vehicle access though which makes a difference.

You could possibly buy the easement but grant a right just to the existing neighbour in another way... If you love the house I would go to see a really good property lawyer and see what they suggest.

ScottyDog7 · 23/11/2018 13:43

We have slightly similar. Foot access along the path directly in front of the house and vehicle access further back and more vehicle access at the back of the house.

It's no good for kids or pets IMO because people always leave gates open and you never know whos going to drive up and get out. Lost count of the number of times different neighbours have had work done and they park up at the end of the access (AKA our garden) and then let some random little dog out. Why so many builders and gardeners/landscapers have little dogs they let roam while their working I don't know. But with gates open, random dogs and strange adults it just isn't safe for kids or dog to be out unsupervised.
We have fenced off the garden, so no vehicles in it anymore, but still have foot access so still can't lock gates.

Lukey2015 · 23/11/2018 14:17

Thanks all, it does sound like I could buying a beautiful hell :-) to live in if I go ahead. I usually wouldn’t even look at houses with ROW but where we moved to an area where no one sells their home, supply as a result is very low, we have been looking for over 1 year and had to rent in the meantime because of it since we moved up here from London, to a rental place with no garden and my children are going mad. We used to live in a very nice place with a large garden etc. Hope another one will come up soon! Because I have no hope in neighbour agreeing in selling her ROW... Confused

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GU24Mum · 23/11/2018 16:34

It's not currently your problem as it's not your house and imo I wouldn't rush to buy into the problem. If someone has a right of way across a certain bit of your garden, you can't unilaterally decide to change the route (unless the deed provides for that). I'd be minded to let the agents know that you aren't willing to buy the house with that on the title but would be very interested if the owners "dealt" with it (which is something they may or may not get the next door neighbour to agree to). You have to imagine what it would be like with a different set of neighbours and how that would make you feel in your garden.

BubblesBuddy · 23/11/2018 16:53

It cannot be dealt with. Clearly the neighbour would be mad to give up the access. Perhaps the £100,000 saving might do it? Effectively this is the price of the problem.

I had a footpath going through my garden. We eventually got it moved to outside the garden but that was a public right of way - a footpath. It was not a right of way for a neighbour’s house. I wouldn’t buy in that situation and I wouldn’t go through our situation again either. I wouldn’t even share a drive, a path or any access to my house! I wouldn’t buy a house with a right of way beteeen the house and the garden. If you are thinking twice, and you love the house, imagine selling it!

ItsJustASimpleLine · 23/11/2018 17:03

Am I understanding. Backdoor of house would open onto concrete area neighbours drive over then garden beyond?

HermioneWaslib · 23/11/2018 18:04

Would it be possible to persuade her (with money!) to legally move the vehicle right of way to the end of the garden?

Lukey2015 · 23/11/2018 22:13

Hi Hermione and “itsjustasimpleline”. Yes the ROW is right in front of back door before you reach the garden area :-( and that’s why I can’t move the car access to the back of the garden because it would do a U turn around it which would lead to the same back door area anyway... no hope

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