Neighbor and seller both have built over right of way(ROW)
- Thread starter Netnot
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I am involved in a local voluntary organisation. Our building has a members and participants carpark, which various interlopers park in sometimes.
Each Christmas day we close and padlock the gate and photograph it so it is not permanently open to the public.
Each Christmas day we close and padlock the gate and photograph it so it is not permanently open to the public.
ROW/Possession very much can be/are covered. My solicitor insisted on an indemnity insurance for the tiny 30cm flying freehold for my place.
On the plus side the flying freehold is what caused the first Buy-to-let bidder on the property to withdraw, they couldn't get a mortgage on it, so it can possibly work in your favour a little, see what the solicitor comes back with.
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Some misconceptions in this thread. It is a right of way and persists for ever unless legally extinguished. If you are the servient owner the dominant owner with the right of way over your land owns it as a legal " thing" which you cannot get rid of except with their legal agreement
An indemnity is no use as that is an insurance against an unknown and this is obviously a documented right of way to give shared access.
An indemnity is no use as that is an insurance against an unknown and this is obviously a documented right of way to give shared access.
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There is no 12 year type rule on a ROW, they do not simply dissapear, even if someone does not use them they still exist.
A court would be unlikely to agree that it no longer exists just because you have a fence up, they prefer other ways for it to be nullified - this ought to be done in writing between the householder and the mortgage compant - and the land registry.
A court would be unlikely to agree that it no longer exists just because you have a fence up, they prefer other ways for it to be nullified - this ought to be done in writing between the householder and the mortgage compant - and the land registry.
Or find another solicitor? One that actually advises their client like they should.
Find out the actual arrangement. Is the drive of shared ownership or is it owned up to the center with an easement for access on the neighbour's half?
That's important to know for maintenance responsibilities.
Otherwise, it's a private arrangement and both parties agreeing to partion the drive would imply that any shared access rights (or obligations) are annulled and become difficult to enforce. However, unless removed in the deeds, the question will remain whenever the house is resold.
If you are happy with the arrangement, get the deeds altered.
That's important to know for maintenance responsibilities.
Otherwise, it's a private arrangement and both parties agreeing to partion the drive would imply that any shared access rights (or obligations) are annulled and become difficult to enforce. However, unless removed in the deeds, the question will remain whenever the house is resold.
If you are happy with the arrangement, get the deeds altered.
Thanks everyone, looks like there is a very little that can be done in such scenarios and water tight way to address this is to get it removed from the deeds with an agreement from the neighbours. The tricky part is that the neighbours sold the house last year so there are new people in the neighbouring house. Waiting for the response from seller and then seeking advice from the solicitor seems to be the way to go. You guys have been very helpful for us to understand the issue better. Thanks
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Although it would be be best to tie this all down properly first, there is also the pragmatic approach because it sounds like "your" property also has similar rights over next door in a way which would be just as painful to enforce.
You could just proceed and aim to sort it all out later. A bit of a risk, but how much? depends how much you like the house and also whether you could leverage the situation for a reduction. Does depend on your mortgage company to some extent.
You could just proceed and aim to sort it all out later. A bit of a risk, but how much? depends how much you like the house and also whether you could leverage the situation for a reduction. Does depend on your mortgage company to some extent.
No point in buying a house where the owner and next door have breached each others rights as set out in the deeds.
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