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Property/DIY

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right of way across property- problem?

29 replies

IamwhoIsayIam · 02/01/2021 20:51

I've looked at an end terrace house with a lovely garden which neighbours have been habitually using as a cut through to get from the front of their house to the back of their house.
There is a footpath to all the front doors and a footpath to all the back doors but cutting through the end house garden saves time.
It looks like it has been like that a long time as the garden is hedged all round but there is a gap and the remains of a path.
The right of way is not in the deeds.

I'm happy with neighbours having access when needed but I would want to put gates in to create a better boundary for the kids and our dogs when they are in the garden. I'd also not want the neighbours dogs able to just bound in. With a gate at least someone has to stop and open it. This would also make it less appealing as a short cut.

Anyone got any experience of right of way? Can I just stick a gate in?

OP posts:
nickymanchester · 04/01/2021 14:27

@RainingBatsAndFrogs

Most of these replies ignore the fact that the OP Said
A) It is not shown as a Right of Way in the deeds

The OP said that it isn't shown as a RoW on that house's deeds.

The RoW may well be shown on the other houses' deeds. That would still be a valid RoW.

nickymanchester · 04/01/2021 14:34

There is a useful forum where you can get advice on these issues here:-

Gardenlaw - Rights of Way

AnotherDelphinium · 04/01/2021 14:36

For £3 a time you can go to the land registry site and download the other houses deeds to check. Potentially the best tenner you’ve spent this year!

My brother is in a terrace and has access along the backs of other houses. Everyone has a fence and a gate that is bolted (but not padlock) so you can only open it from your garden going out.

If you have been to the garden centre, you need to go into the front of your house, out the back door, unbolt the gates as you go to get to the car and bring your plants/compost in. Then bolt all up when you’re done.

I suggest getting deeds to check, and then getting current owner to put up gates on both sides, that can only be opened from the “inside”. That allows a easement to be used for bins/garden stuff etc, but prevents it being used as a handy short cut.

Burnthurst187 · 04/01/2021 22:21

My Uncle lived in a house for over twenty five years where his neighbour had a ROW to walk down his driveway and along behind the back of my uncle's garden to access their own back garden if desired

My uncle always had an issue with it. I'm not sure if the neighbour ever even used it but my uncle has moved in the last ten years. He now lives almost opposite his original house!

Without seeing a sketch or photo it's hard to comment but it's something you could do without

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