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

78 replies

lifeohlife1 · 03/02/2025 13:51

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.

OP posts:
Maray1967 · 06/02/2025 08:17

crumblingschools · 03/02/2025 15:00

If you do sell it I assume prospective buyers will see the gate and wonder why you no longer have access

Yes - I would be looking for the access and I would check this. I’d be asking to walk through. I had a friend in your situation with an elderly neighbour who tried to block access. Her DF is a solicitor- he dealt with it and the neighbour had to remove the obstacle and provide a key.

Doggiedays · 06/02/2025 08:43

It's common where we live - often rented student accommodation can be problematic - they use the back door as the main entrance and the front door is effectively closed off to use the living room as a bedroom. This means the access is used several times a day. It put us off buying a property with a garden giving our neighbour right of way - it's too risky. It feels like the easement is a benefit to you and a cost to your neighbour as she will not have access to your garden?

How much will it take to compensate you for the loss of that benefit?Will potential buyers ask about access? I know we did because we didn't want shared access - but no access wouldn't be great either, so I'd not have viewed your terrace.

CharityShopChic · 06/02/2025 08:55

I have lived in a house like this although there was a wee corridor sort of thing at the back of the gardens which we used for access. My thoughts are whether you are the only house it affects - she is end of the row, you are next door, but are there others further along who also have that right of access? By selling your right of access (even if you wanted to, which you don't), are you blocking off neighbours who would have to go through your garden and her garden to get to the street from the back?

Because I don't think you'd be able to do that, if selling your access is going to impact other neighbours.

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