House with right of way to one side, no fence!

[Moonrat]

Me and my partner are intending to put an offer in on this house (which is otherwise great) but the lack of wall/fence on the right hand side is off putting for me.

As you can see from the boundary picture the right hand side has a passage with a gate, this is used as bin storage for the houses to the left. When we viewed I noticed there is no fence separating the raised garden from this slightly lowered passageway. And from previous photos I can see there neve has been? The property has ownership of the passage but I find it odd you would want people to have a way into your space.

My question here really is, why wouldn't there be a fence? Is there any reason legally why we couldn't put up a fence here? It's almost a deal breaker for me but my partner thinks I'm being ridiculous.

We viewed Saturday and would've asked the EA but she was viewing the house for the first time too and knew nothing about it.

Thanks

I cannot imagine there would be any reason you could not put up a fence, so long so you didn't block the right of way.

However, this is exactly what you pay a solicitor for - to tell you this stuff once you've made an offer.

From the photo you've posted it looks like there is a low wall of some kind. Is this where you would put a fence? I can't see there being any reason why you couldn't do this (but would check with estate agent/ solicitors

Check, check, check! The house you have fallen in love with might end up an albatross around your neck. Don’t proceed if a fence can’t be erected and make sure there is something in black and white about the circumstances; don’t take anybody’s verbal claim. Good luck.

There might be a covenant restricting it or the owners may not be bothered. If the passage has a right of access for other properties it may need to be kept clear and not used for bin storage. A solicitor will look into it or you could download the deeds now for less than £10 to check.

The land with our house includes the side public path but is classed as adopted by the council now and maintained by them, could this be similar

Just noting that if the passage way is owned by the property and it is a right of way, the property owner will be responsible for its upkeep which may be at a 'higher standards' than if it were just your garden path.

Ask the solicitor to check deeds etc very carefully. There may be restrictions on what you can do, also if you own it can you stop people from using it? Do you have to pay for all it’s maintenance and maintain it to a high standard or get insurance incase people slip on ice in the winter etc? Or do you have to split cost with other households? If you put a fence will that annoy other users and cause neighbourly upset?
For me it would an absolute no to buying it.

Me too Bargebil19

Get yourself a copy of the deeds from the land registry online which should clarify and will save wasting time if it doesn't work for you.

I would ask why there is not a fence ... and check access your dp is wrong access is really important to be clear about