Right of way and boundary issues
Discussion
Chrisgr31 said:
I'll join the other professionals in saying all the lawyers I would use are expensive as well! Mind you compared to surveyors lawyers are expensive!
As some one else has said do as much legwork yourself as you can, download the relevant title documentation etc yourself.
Although the lawyers suggested are expensive, the OPs issue is that none of them are at all likely to get involved with domestic clients at all. Where they do they are domestic clients that also just happen to own large businesses that are already clients. The cost of KYC and onboarding would be prohibitive before the risk management people get involved.As some one else has said do as much legwork yourself as you can, download the relevant title documentation etc yourself.
There will be local or regional solicitors with some decent experience that will engage in this sort of work and it is absolutely worth paying to get this sorted because at the moment it is going to come back to bite you if your house is sold, or even if your mortgage company find out. I'm a bit less pessimistic on the time thing as others, but it does need dealing with sooner rather than later.
-Cappo- said:
WyrleyD said:
Equus doesn't live here anymore....
What's the story there? Has Equus been banned? What did HE do which caused that to happen?-Cappo- said:
WyrleyD said:
Equus doesn't live here anymore....
What's the story there? Has Equus been banned? What did HE do which caused that to happen?Like me, I think he found the "armchair" experts in his field of knowledge very tiresome. You can easily end up in an argument with people spouting absolute tripe as gospel and misleading the Op or people with a genuine issue with planning, etc.
Over the years a few PH'ers have employed him directly, as some have come to me directly for land law and development advice. Those ones tend to respect the knowledge we have.
Biggest gripes for both Equus and I are:
"the developer obviously bribed the planners"
"developers are nasty because land banks"
Both total nonsense spouted on here a lot by people without a single clue.
I suspect Equus explained to an idiot, the idiocy of their statement in his usual blunt way. But there was also an ongoing debate with a potentially corrupt councillor on a planning committee.
Hi all,
As said before neighbours next to me live abroad majority of the year house next to them is rented owners live abroad.
It is an inconvenience - reading deeds it says clearly right of way with a caveat of money towards up keep or up keep.
I have not once been asked for any financial contribution. If I would’ve happy to pay.
Also to add said neighbour blocked the ear and said just lift up the garden fence and use entrance. This was before he ripped away with my fence and replaced with timber boards. But that’s another issue in itself.
We have tried to remain civil for as long as possible but it is really effecting our build plans for garden/extension.
As said before neighbours next to me live abroad majority of the year house next to them is rented owners live abroad.
It is an inconvenience - reading deeds it says clearly right of way with a caveat of money towards up keep or up keep.
I have not once been asked for any financial contribution. If I would’ve happy to pay.
Also to add said neighbour blocked the ear and said just lift up the garden fence and use entrance. This was before he ripped away with my fence and replaced with timber boards. But that’s another issue in itself.
We have tried to remain civil for as long as possible but it is really effecting our build plans for garden/extension.
Added for more clarity.
I’m happy to pay for the fences and to change the gate if needs be…
This is the exact workding in the deeds
The land has the benefit of a right of way on foot only over the passageway tinted brown on the filed plan subject to payment of a due proportion of the expense of keeping the same in repair.
This is what shown in my deeds my house outlined in res
I’m happy to pay for the fences and to change the gate if needs be…
This is the exact workding in the deeds
The land has the benefit of a right of way on foot only over the passageway tinted brown on the filed plan subject to payment of a due proportion of the expense of keeping the same in repair.
This is what shown in my deeds my house outlined in res
Bear in mind the law has little to do with right and wrong and lots to do with who wants to argue most and spend money on lawyers.
The first reply will be " well you never paid so jog on ".
You will say no one asked and for evidence or expenditure and an offer to pay.
They will repeat their last reply.
I would see if your house insurance covers this as I doubt in the end it will be cheap if they are belligerent.
The other consideration ( which is I appreciate tricky to swallow ) is if the only real hassle is the building work the. Is it worth declaring a full blown dispute when you sell ?
You could also write to him and say I am having building work done and I will be using the right of way ( as modified to walk round your shed ).
The first reply will be " well you never paid so jog on ".
You will say no one asked and for evidence or expenditure and an offer to pay.
They will repeat their last reply.
I would see if your house insurance covers this as I doubt in the end it will be cheap if they are belligerent.
The other consideration ( which is I appreciate tricky to swallow ) is if the only real hassle is the building work the. Is it worth declaring a full blown dispute when you sell ?
You could also write to him and say I am having building work done and I will be using the right of way ( as modified to walk round your shed ).
I understand what you are saying I am currently looking for a local solicitor.
It’s been so annoying not having access around the back but in the hope if having amicable relations with neighbours we have tried asking them nicely.
Let’s see what they say…. I think legal advice is essential.
It’s been so annoying not having access around the back but in the hope if having amicable relations with neighbours we have tried asking them nicely.
Let’s see what they say…. I think legal advice is essential.
Does the belligerent neighbour know that you want to extend your property OP?
If so, is it possible that he is blocking the right of way in an attempt to stop you? Like others have said, find out as much info re deeds etc as you can and then either speak/write to neighbour and if that doesn’t have the desired effect, sadly, you will need to get an expert involved. Good luck.
If so, is it possible that he is blocking the right of way in an attempt to stop you? Like others have said, find out as much info re deeds etc as you can and then either speak/write to neighbour and if that doesn’t have the desired effect, sadly, you will need to get an expert involved. Good luck.
Have you checked your insurances for legal cover?
“ The scope of home insurance legal cover is quite broad, often extending beyond issues directly related to your property. Here's what you might expect to be included: Boundary disputes: Such as land claims or property damage from fallen trees. Noise complaints: Legal assistance with noisy neighbours can be invaluable”
“ The scope of home insurance legal cover is quite broad, often extending beyond issues directly related to your property. Here's what you might expect to be included: Boundary disputes: Such as land claims or property damage from fallen trees. Noise complaints: Legal assistance with noisy neighbours can be invaluable”
Edited by James6112 on Monday 24th June 15:29
We have just been through this with a neighbour who constantly blocked our access through her garden which on her deeds as well as ours gives us and others with our permission right of way through her garden.
We are at the end of a terrace which has 6 houses in and sent photos of blockades and dates etc to our solicitor who sent a letter to her, it cost us around £700 but was worth bit as it clearly stated that we’d were allowed access.
We are at the end of a terrace which has 6 houses in and sent photos of blockades and dates etc to our solicitor who sent a letter to her, it cost us around £700 but was worth bit as it clearly stated that we’d were allowed access.
James6112 said:
Have you checked your insurances for legal cover?
“ The scope of home insurance legal cover is quite broad, often extending beyond issues directly related to your property. Here's what you might expect to be included: Boundary disputes: Such as land claims or property damage from fallen trees. Noise complaints: Legal assistance with noisy neighbours can be invaluable”
May also be obliged to act under any mortgage“ The scope of home insurance legal cover is quite broad, often extending beyond issues directly related to your property. Here's what you might expect to be included: Boundary disputes: Such as land claims or property damage from fallen trees. Noise complaints: Legal assistance with noisy neighbours can be invaluable”
Edited by James6112 on Monday 24th June 15:29
I was thinking this, the lender has an interest in the property - if right of way blocked does it lower the value in anyway?
Do act:
My concern would be - come sale time would you have to declare said dispute over access?
Don't act:
Buyer looks at deeds and says hang on, no longer a right of way I'm dropping the £ offer down somewhat as I want access to place my bins there or carry away garden clippings etc not walking through the house.
Personally if I'd have asked my neighbour numerous times and he completely ignored me I'd spend the circa £700.
Do act:
My concern would be - come sale time would you have to declare said dispute over access?
Don't act:
Buyer looks at deeds and says hang on, no longer a right of way I'm dropping the £ offer down somewhat as I want access to place my bins there or carry away garden clippings etc not walking through the house.
Personally if I'd have asked my neighbour numerous times and he completely ignored me I'd spend the circa £700.
The right of way is clearly stated in your land registry deeds, it can't be extinguished by lack of use or without your express consent. Your neighbour's deeds will also show this but he finds it inconvenient as he has bought the house at the other side ( god knows why he needs 2 houses, maybe he thinks he can join them together).
The right of way is very useful for builders or garden waste etc and will also be in your upstream neighbour's deeds, and lack of this will be a problem when you or they want to sell. This isn't like adverse possession it will come back to bite your neighbour at some point in the future.
It's probably your neighbour who should see a solicitor, who will inform him that what he is doing is doomed to failure.
The right of way is very useful for builders or garden waste etc and will also be in your upstream neighbour's deeds, and lack of this will be a problem when you or they want to sell. This isn't like adverse possession it will come back to bite your neighbour at some point in the future.
It's probably your neighbour who should see a solicitor, who will inform him that what he is doing is doomed to failure.
If there's one thing I've learnt owning a house with a right of access across it.
Don't buy houses with row/roa issues. To an extent see also listed buildings/conservation areas. Assuming the people you share the access with are normal is a huge mistake. Even if they are the people they sell the house to in a few years likely won't be. And owning a house you need to go cap in hand to the council with any time you want to do almost any maintenance or changes for permission is a ball ache.
Never again.
Don't buy houses with row/roa issues. To an extent see also listed buildings/conservation areas. Assuming the people you share the access with are normal is a huge mistake. Even if they are the people they sell the house to in a few years likely won't be. And owning a house you need to go cap in hand to the council with any time you want to do almost any maintenance or changes for permission is a ball ache.
Never again.
mm23 said:
No he isn’t blocking my right of way due to building works. The reason is he owns the house on the other side and has recently combined the gardens into one.
Just a thought he he was bought the house is to speak with the neighbours the other side as well as they would be in a similar position if he has put a fence in on the middle access path - 2 against 1 and all thatEdited by mm23 on Monday 24th June 15:50
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