Neighbor and seller both have built over right of way(ROW)

[Netnot]

Hello Everyone,

We are in the process of purchasing a semi-detached house that includes a Right of Way (ROW) providing access to the gardens (as shown in the shaded part of the attached image). Both the seller and the neighbor are entitled to use the other half of the ROW. However, both parties have fenced off their respective halves and installed gates at the front, effectively securing their portions. Additionally, both properties have side extensions, leaving only a part of the ROW accessible.

It seems there might have been some kind of informal agreement between the two parties, but there is no documentation to confirm this(1930s house). Since both have equal rights over each other’s portion of the ROW, they may have mutually decided not to use it and found this arrangement more practical.

We are first-time buyers (FTBs) and are concerned about potential legal implications of the ROW being blocked and built over. Could this pose a problem in the future, such as disputes or issues when reselling the property? Unfortunately, our solicitor is providing generic responses, which hasn’t been very helpful.

Any advice or suggestions would be greatly appreciated.

Thank you!

 

[HERTS P&D]

Find another house, you are opening a can of worms.

Andy

 

[Netnot]

Thanks, It does seem like there could be many potential issues, but we’re hoping there might still be a way to address this or find a practical solution.

 

[carmanmemoranda]

Thanks, It does seem like there could be many potential issues, but we’re hoping there might still be a way to address this or find a practical solution.

Ask the neighbour for their version of events and facts

Then be prepared to walk away

 

[Netnot]

Ask the neighbour for their version of events and facts

Then be prepared to walk away

We have asked for it and waiting for the response. Thought it would be helpful to gather some info and be prepared to act once we hear back from them.

 

[carmanmemoranda]

As I see it they either come back with it all having being done legally, so it will be documented.

Or it was done on a neighbourly basis. If so, I'd walk away, quickly.

 

[Netnot]

As I see it they either come back with it all having being done legally, so it will be documented.

Or it was done on a neighbourly basis. If so, I'd walk away, quickly.

Thank you, this makes sense. There was no documentation related to this in the initial pack that our solicitor received. Waiting for them to respond to our queries.

 

[Diver Fred]

Have you asked both the vendor and neighbour in writing?
Was it via your solicitor or direct?
Did you include a time limit for a response? - allow 3 days after the expiry of your time limit.

If the answer is unsatisfactory or not completed legally (must be on the deeds paperwork) - withdraw your offer and find another property. Such ROW problems will always bite expensively!

 

[Netnot]

Have you asked both the vendor and neighbour in writing?
Was it via your solicitor or direct?
Did you include a time limit for a response? - allow 3 days after the expiry of your time limit.

If the answer is unsatisfactory or not completed legally (must be on the deeds paperwork) - withdraw your offer and find another property. Such ROW problems will always bite expensively!

Our solicitor has asked the vendor’s solicitor to which they have not responded yet (maybe due to holidays and all).

 

[mattylad]

They may go down the route of an indemnity policy, we got one for our house so I understand, although I have never seen it nor can I remember who has it or what it was for.

 

[big-all]

They may go down the route of an indemnity policy, we got one for our house so I understand, although I have never seen it nor can I remember who has it or what it was for.

dont think indemnity insurance will help as its a civil matter between home owners with no planning permission needed ???

 

[mattylad]

It's a question I'd ask the solicitor.
In the end they need something to protect them from later claims, someone else may move in and start getting arsy about their ROW.
I know the ROW behind my house has been blocked at one end by the pub at the other end of the terrace making a beer garden and fencing it in, however I don't care for that end or the ROW.

 

[blup]

The seller has to provide to provide a complete title to you and you and your lender, which they aren't as things stand. The solicitors/conveyancers for both sides need to get their act together. The seller needs to satisy you about the current arrangements and get it reflected in the transfer documents. That will probably involve the neighbour.

 

[JohnD]

I don't think what you're describing is a Right of Way, I think it's right to pass over a shared drive.

I doubt anyone except the two homeowners knows or cares.

AFAIK these rights lapse if they are not exercised for a long time. Has the drive been permanently blocked with a wall or fence?

 

[big-all]

I don't think what you're describing is a Right of Way, I think it's right to pass over a shared drive.

I doubt anyone except the two homeowners knows or cares.

AFAIK these rights lapse if they are not exercised for a long time. Has the drive been permanently blocked with a wall or fence?

i dont think private rights off way are the same as public rights off way as in you own the right whether you use it or not rather than the once a year to keep a public right off way open

now it is possible a private right off way can time out i dont know but theres a reasonable chance as a neighbour they have traversed all or some off the rightoff way purely by actions like helping in the garden attending a party or bbq for example in next doors garden
now would part use stop a possible timing out i dont know