Right of way and new house

[Mizydoscape]

Hello! Looking for some thoughts here and diagram included to make it hopefully easier to understand. Houses A, B and C are accessed from the road by a narrow, steep set of steps with houses A and B having a formal right of way over the path that bisects B,s garden. There is no other access to the properties (to the front or the rear).

Owner B has planning permission to build a house that will front onto the road and covers 3/4 of the front section of their current garden. This house will sit up against the existing steps. The right of way will continue across the new house's back garden and continue down the steps. A huge amount of earth will need to be removed to build this house considering that houses A, B and C are at the top of the steps.

My question is: do you think it is possible for this house to be built without impacting the right of way to the 3 existing houses? Secondly would you want to buy a house that has a right of way straight through the middle of the back garden?

The new house will block a lot of light and space around the houses A B & C that would bother me more than the access which I assume isn't changing?
Unless the houses are big and they have a lot of space around them?

I wouldn't like not to have parking outside my house, pref on a drive because of getting kids/dogs safety out of the car (plus I'm quite forgetful and would have to constantly be running back to the house to get my phone, purse etc!). I travel a lot with work and need to load up my car with suitcases quite often so this would put me off too.

@fastliving the planning permission is a done deal so nothing that can be done there. We live in an area where there is no parking anyway and regularly have to park streets away. Got used to it but a drive will be on the shopping list for the next one.

I wouldn't buy house A probably, but house C wouldn't be as affected, although you would have the disruption of building work.

Are there no other suitable houses you like?

No I would not buy a house that has a right of way over the garden.

@fastliving I own house A, next door owns B and C. C is actually a single storey bedsit that goes underneath B iycwim. I did object to the planning as did several neighbours but it was granted anyway. Im more concerned about whether owner B can build the house while still keeping the right of way open otherwise I won't be able to get to my house.

Ahh messed that up. I own C. And A is the bedsit!

No, they won't be able to stop access to your house...but why don't you ask for this thread to be moved to Legal Matters...someone on that board might be able to help.

If the right of way was affected then surely B wouldn't be able to get to their own house?

@wowfudge both A and B are rented out so it wouldn't be him directly affected.

Even so, if he has tenants then they need to be able to access their home.

Just check but part of the planning application will be access and egress for the site and members of the public it is also a HSE requirement and they won't want the HSE sniffing around

I would talk to the Planning Officer in charge of the application. They couldn't have approved it if you became unable to access your home!

would this sort of come under party wall act???

If it's shared access it would be covered by a covenant in the deeds and they won't be allowed to break that. I'd get legal advice.

@Misty9 there is a covenant for the right of way. I have the documents in my file. Is this something I could use my home insurance legal cover for?

Next saga is that today part of neighbour's stone wall fell down from quite a height onto the steps. It's not blocking anything and luckily didn't hit anyone, as 3 large rocks fell down, but more looks loose and dangerous. I don't have owner's contact details so asked tenants next door to let him know.