Neighbours Access

[trundlecat]

Hi All,

Not strictly tennant/landlord stuff (sorry) but hoping someone might be able to help.

We're wanting to move & I've just been to look at a house. The place is brilliant. House & garden then a paddock at the bottom of the garden. Problem is the owners have told me we'd have to give access to the neighnours to the back of their house via our drive & the bit of land between the garden ending & the paddock starting. This really doesn't impress me as the kids & animals would all be there. The neighbours have their own parking at the front & can get to their land via the side of their house (without having to go through their house) but it's not wide enough for a vehicle.

Does anyone have a clue about access issues? Where would I need to look for particulars on the access? Would it be on the deeds? I'd have no prob whatsoever with the neighbours going round when I'm there but I wouldn't want them having a key to the gate & being able to basically come & go as they please across what's effectively the bottom of my garden where my kids will be playing & my animals roaming about. The current owners say the neighbours very rarely use it which is fine but you never know what'll happen if they sell, would be a nightmare if it was someone screaching round at speed all hours of the day & night.

Obviously we'd get everything sorted via our solicitor if we decide the place is definitely for us but it would be great to have a clue where we stand before we get as far as solicitors.

Cheers folks,
TC

[Joa]

Solicitors and deeds, with clearly described right of way- these are your primary sources of information. Where the title documents or lease give one property owner rights over her/his neighbour's property, these rights are known as 'easements'. Sometimes they are not included in the title documents or lease but have arisen out of long, continuous and unchallenged use (usually 20 years).
Now, private rights of way (which is a different legal term then public rights of way) can be created expressly or by implication, in same way as easements.
So: check the deeds, speak extensively to neighbours (the ones who are going to use it and others) and your solicitors.

[trundlecat]

Thanks Joa. I'm going to ring the estate agent tomorrow to arrange another viewing with hubby. I'll ask them to warn the vendors that we're gonna be asking a lot of questions about the access issue. It's definitely a private right of way & it can't be due to the 20 year use cos the houses were only built in Apr 06. That leaves something in the neighbours deeds & I hate the thought of another property having rights of access over mine. It's not so bad at the mo, who'd want to stop an old chap taking his morgan out on a Sunday but as I previousy mentioned, you never know what the future might hold & I'd hate for the issue to bite us in the bum a few years down the line.

[Aequitas]

Once your solicitor has advised you as to the exact nature of the right assume that it will be used to its full extent. If you do not like the idea, look for somewhere else.

[demon_x_slash]

Couldn't you put up a smaller fence at the bottom of the garden, to stop the children and animals running into the path of the car etc.? A nice ornamental one a few feet high, with a gate and a sturdy latch? Sorry, it just sounds like you've fallen in love with the property, so just trying to suggest a solution...

[trundlecat]

I'm definitely going to be doing that Aequitas, the vendor might say it's no problem at the moment but you never know what the future holds.

Hi Demon, I have kind of fallen for the place unfortunately. There's already a big fence at the bottom of the garden but I really don't want to have to restrict the kids. I've got this ideal in my head of our garden meeting the paddock & stable. This place would be just the thing without the big fence but unless I can get rid of this access right I'd have to keep the kids & animals all locked in Don't get me wrong, I don't want everything running free & the horse to be able to stick his head through the kitchen window, I just don't want the strict segregation there is at the moment. I don't know if this'll make sense but we want a house WITH a stable & paddock, not a house AND stable & paddock IYKWIM. Thanks for the suggestion hun

TC