Neighbour wants to buy easement garden access from us - advice pls

[lifeohlife1]

Our house is going on the market this week. My neighbour has seen the for sale board and has put a note through the door asking to buy our easement access from us and the cost of a deeds change, prior to any sale, as she is nervous of 'strangers' walking across her garden.

We have always been on good terms - she is a lovely woman in her mid 70s - all her adult children live close by and support/help her lots.

We are a mid terrace, she is the end of the row semi - we have a gate to her garden which gives us access across her garden and out her side gate into the street.

To note - we have been in the property 10 years and have used the easement maybe 3 times - once to fit new furniture into our patio doors and crucially one time, when i locked myself out and my 18 month old was alone and i was able to run round and through her side gate and then into my open patio doors.

For what it is worth - what has irritated me over the years is that the side gate is locked (we don't have a key) and so we haven't had full access (a breach of the easement, if one was to get petty) which could have been very stressful in an emergency (it was a total fluke it was open the day i needed emergency access - v unusual) and she has blocked her side of the gate with a heavy bench, which did stress me out with 2 young children - again, thinking of fire or the like. For an easy life, we didn't query/push any of these issues.

Even if we wanted to sell her the easement - a deed change is likely to take months and therefore may disrupt any potential house sale.

What other implications should i be aware of - is it common for terraces to have zero side/back access? I think it is useful for both of the reasons we used it above. The estate agent says you can offer it to buyers as an option to sell it once the sale completes, I think it may just complicate things and if i was a buyer, i would worry about annoying a new neighbour by saying no.

Any help or advice on this would be really useful, thanks.

I agree with this

Out of interest, where do you keep your wheelie bins?

Is this something that is common round where you are? It’s pretty unheard of near me (London Victorian terraces) so no buyer would ever expect it. We all expect to get to our garden via the house. If that’s also the case near you and this is an unusual right then I’d be inclined to consider any offer she makes. Would depend on the offer of course.

If it’s something that’s usual near you then I wouldn’t consider giving it up, and as pp say I would make sure the access is unblocked for viewings.

I feel a bit sorry for your buyers if you don’t sell the access to her, as she’s clearly going to make access very difficult - this might be a reason to consider selling the easement if you can make a decent sum from it, enough to compensate for the drop in house value.

I’m not OP but our bins are out front. Not a big deal to take rubbish bags out the front door and tbh I wouldn’t want bins living in my back garden anyway.

If it won’t decrease the value of your property, if she pays all the legal fees, and also pays you for the easement I would do it.

I asked about wheelie bins because I used to live in a cottage that had this set up. When I moved in the other neighbours (not the neighbour whose garden my access path went across) advised me to keep my garden waste bin in the back. This was so that I regularly had to use the access gate, and the (unpleasant) neighbour had to make sure it wasn’t blocked. They also advised me to make sure I randomly crossed his garden with garden equipment etc (or just because I felt like it) so he didn’t get any ideas about blocking it off. I also had a key for it.

If you have access on the deeds, I do think you need a key.

The replies are completely opposite to my view

I would not be interested in having access through a neighbours garden. I would find that awkward and uncomfortable, I wouldnt use it and would feel its a part of the arrangement that is off limits to me, I would hate it.

If I bought a house with no side or rear access, I would accept that I have to go through the house. We looked at plenty of houses like this during house hunting and although it wasnt our preference then, it wasnt a deal breaker

It would be now, I would want my own side or rear access. However a deal breaker would also be access through a neighbours garden, I simply wouldnt do it.

But then you could choose to buy a house with such access and never use it.

Some people would prefer it for gardening works, bringing in furniture, having their windows cleaned etc.

If the poster sells off the access rights, she would be reducing her pool of buyers, and reducing the value of her property. Having it gives buyers the option.

Yes this is true but for some reason it doesnt sit right with me psychologically, I dont know why

Im clearly not a sharer. It sort of involves you and binds you to next door even without it being used.

I understand why she’s asking, I would hate to feel like my garden was public property and anyone could just walk through a gate in the fence at any time! I also couldn’t settle with my kids playing out the back if there was a gate that needed to be left unlocked so I would never buy a home with an easement like this.
I live in a GF flat and technically the upstairs flat has access to the garden for maintenance but there’s no free access and it’s agreed in advance if they need someone with a ladder to clean the guttering for example.

But from your perspective it’s just too close to the sale imo.

I live in London and almost every street around me for miles has long terraces. Everyone has their bins in the front garden. it’s not an issue.

No. She can ask your buyers when you have moved. Don't create problems in your sale.

Decline her offer to buy the easement but tell her you will advise new owners they could sell it to her if they wish, so she can remain hopeful, prospective buyers can make some money if they want, but crucially you're not trying to sell a property with no access to the rear (which would massively devalue your house).

Could you compromise? A lot of easements go right by the house - could you agree to move it to the bottom of the garden instead, creating almost an alley across the end of her garden. She could fence it/plant something if she wanted. You'd still have access and she'll gain privacy. Not sure if you'd need to do this legally to move it, or retain the existing easement but add a written agreement that allows access there without creating a new easement.

Otherwise, say no.

This is a good solution.

Please say no.

I think if you're in a place where it's rare to have this access then you should sell it (obviously for the right price and if it can go through quickly) but if it's common for where you live then you're going to devalue your house, so I wouldn't do it.

I grew up in a London terrace and there was no rear access, which was the norm.

I don't understand why so many are against selling it? Surely it's not adding any value to the property?
I've lived in a couple of terraced houses and none have had rights of access from anywhere other than through the house! I know I certainly wouldn't want anyone else to have access to my garden and if I was buying a house with that I'd pull out.

A lot of terraced houses do have direct access to the garden (I have lived in at least two that did, and can think of dozens near where I live that do). It definitely adds value: you don't have to bring your bike through the house to store it securely, you don't have to lug compost through the house one way and garden waste out the other, if you need scaffolding up the back wall access is loads easier. And so on.

If I had the choice of a terraced house with rear access and one without, and the were identical in all regards, I would definitely pay a premium for the one that had it if I could afford it.

If you don't want to, just say your solicitor said it would slow your sale and that she should bring it up with the new owners.

I think what would make it easier for me to refuse in this situation is that your neighbour has never offered to buy the easement from you before. You've been more than respectful over it and she's been quite unreasonable I feel, with not offering you a key. She's quite aware the next owner could fully exercise their right to use it regularly, therefore only now does she want to part with some cash.

I personally would be a neighbour like you and would only ever have used it for an emergency but it would have annoyed me that I was denied access without permission, despite the fact I'd always have asked first anyway.

At the end of the day, your neighbour will no doubt have purchased the house slightly cheaper, or secured it more easily due to the easement, one would expect.

I can see why she's trying to buy it . However as well as reducing the attractiveness of your house it adds value and attractiveness to hers so any price should reflect this as well. I doubt I'd sell regardless as I'd want as many people as possible considering my home.

I totally relate to her dread and her desire to buy it. If the next owners are loud, intrusive, nasty people, her life will be hell. For her last good years.

In your shoes I'd have empathy and at least ask an estate agent how to price it to make you whole.

What do you care, really, if you sell it to her or to the house buyers, as long as you are adequately compensated?

Perhaps she should have approached OP earlier then, rather than potentially delay her move?

For those saying it's uncommon in London, I had this in two properties. One was an upstairs flat in a conversion in a Victorian terrace which I rented and the other was in a ground floor purpose built Edwardian maisonette. With the first, there was an easement across the original garden of the house (which was now owned by the downstairs flat) and then across another two gardens and, with the second, it was from my own garden across another garden.
In both cases, that was vital (with the first one in particular, it would have been a trip of several minutes to the bins otherwise) and something I checked on viewing. In both cases, the gates opened freely, the "path" across the gardens was well maintained and clearly regularly used etc.