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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!

OP posts:
IssuesWithTheTree · 23/11/2018 22:55

This would be a deal breaker for me. That and any type of shared drive or access.

Maybe I spent too long on gardenlaw forum after our own neighbour from hell situation. You might want to have a look at rights of way forum on garden law to see the potential issues.

Historically it included things like new neighbour uses their back door instead of the front door permanently meaning the neighbour and any visitor walked across the back of the house often peering into the kitchen window.

I don't think there is any stipulation on what "reasonable" access is meaning they could drive across 20 times a day.

My friend has a ROW across her garden. It makes me jump every time I see some stranger walk right past her window. It is not for me.

Gravel1 · 23/11/2018 23:43

when you sell any new buyer will think the same price needs to reflect this

IPromiseIWontBeNaughty · 24/11/2018 07:30

I’d walk away. My parents have a right of way st the back of their garden. Which is managed ok because they’ve put up a fence. I wouldn’t buy your potential house though as your dcs just wouldn’t be able to play safely.

ItsJustASimpleLine · 24/11/2018 07:35

Honestly. I would run a mile. At some point in the future this situation will prove to be a nightmare, you may be lucky and it's a problem for a future owner but it's too big a risk. You will spend your whole time living there worrying about it and worrying about a change in ownership. Life's too short for that kind of stress when there's a simple way to avoid it.

I'm so sorry that it ruins your perfect house but you will be soo much happier somewhere else. Best of luck.

Doje · 24/11/2018 07:37

I'd walk away. If only for the reason that you'll hake trouble selling the property when you come to move again.

I bought a house with a mine shaft under the drive. Not a problem for us. All insured and guaranteed by the Coal Board. However, it was a huge problem when we came to sell the property, with buyers pulling out once they'd had searches done.

bertielab · 24/11/2018 07:39

My house has rights of access over the neighbour's driveway and them over ours, despite the fact that both houses are totally separate, huge and detached with huge driveways and a boundary hedge, fence eg and it comes for the fact that the plots we originally parts of the main manor house.
In this case we went for it. Although they have rights of access across theirs -so if they played silly buggers we could too, we also have rights of access, we both have locked gates at the bottom of the drive. At some point we will both sign off each other's deeds. Also we have to maintain each other's driveways in proportion of use. No use -no maintenance. But in your case -nope. Not a chance in hell. Not even for 100K.

Lukey2015 · 24/11/2018 10:20

I sounds like i should run away ..:. and fast!! Thanks so much for all the help Smile

OP posts:
WishIwas19again · 24/11/2018 15:30

My friends first home had foot access through her garden in a diagonal route from her side gate to a rear gate where next doors garage was located. She spoke to the neighbour beforehand and he was fairly reasonable, but always made a point of walking through her garden, even though it was only an extra 5m or so to use the public footpath that went down the side of her garden (fair enough as was his right, but he even did it if she was having a BBQ, sunbathing etc)

It meant she couldn't secure her gates with locks, couldn't change the landscaping how she wanted as it would've interfered with his path through, and it was awkward as he walked through a few times a day so never felt private either inside or out.

I wouldn't ever buy something with that arrangement with young children, she was single and found it annoying, not being able to secure my garden would be a deal breaker for me with children.

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