Right of Way, Access through Garden

[MWade93]

Hello!

In the process of purchasing a property, there is (what appears to be) a right of way through the middle of the garden for the terraced house to the right (we are end terrace).

I've attached picture of the title plan, the title deeds says nothing about a right of access.

Now, next door (elderly) council tenant has a gardener who knocks on our property's door to get the gate unlocked for access, we do not want to change this, this seems a very reasonable arrangement and is very infrequent.

My concern is, in future when the council tenants inevitably pass away, the council are going to put a family in the large house and I wonder if children will want to get bicycles in and out twice a day etc.... Having a dog in the garden and children of our own this could be a stressful situation...

I originally got around the idea but our surveyor said it has the potential to restrict our enjoyment of the property when next door vacate the property.

Maybe when they do vacate, we could change the gate to a fence?

Their fence to the rear of their property DOES have a gate onto land behind with easy access to a path round to the front (out of the gate and turn right and right.)

I know the house is what we need as a family (the inside is large) but since the surveyors comments I can't stop thinking if this is a mistake.

I would love to hear your kind words thanks

 

[Diver Fred]

What does the solicitors search reveal - if you have concerns ask them to investigate further. Is there another gate on the far side of the neighbours property? That will indicate if there is an access route or not.

 

[MWade93]

What does the solicitors search reveal - if you have concerns ask them to investigate further. Is there another gate on the far side of the neighbours property? That will indicate if there is an access route or not.

We are awaiting the searches but definitely we will make that a request for the solicitors,

So the neighbouring garden has the gate into ours and a gate at the rear onto the unadopted land out the back, but no gates to the further houses.

I suppose I'm just being impatient when the solicitors are the people who will be doing the legal work but in the meantime I'm looking to fill that gap and reduce the stress

 

[big-all]

in my situation i am mid terrace my right off passage is a a strip 2ft 6 clinging to the building as in via the side passage and within 2ft 6 off the rear wall or words to that effect
now i dont use that exact path but a gate 2/3rds the way down the garden as that leaves there patio as there space and i dont pass there kitchen window 5 inches away as such but fully to the side and down the garden but they are fully aware where the correct passage is but have my assurance they can decorate /cover/ isolate the official right off way as long as its understood others/new owners can enact the right to passage at short notice but i would never do this

 

[MWade93]

in my situation i am mid terrace my right off passage is a a strip 2ft 6 clinging to the building as in via the side passage and within 2ft 6 off the rear wall or words to that effect
now i dont use that exact path but a gate 2/3rds the way down the garden as that leaves there patio as there space and i dont pass there kitchen window 5 inches away as such but fully to the side and down the garden but they are fully aware where the correct passage is but have my assurance they can decorate /cover/ isolate the official right off way as long as its understood others/new owners can enact the right to passage at short notice but i would never do this

Thanks, are these measurements in the title deeds? Seems very specific!

Also. If you had a gate to the rear of your garden to some unadopted land with easy access to a footpath I bet you would rather use this than go through somebody else's garden right?

I mean I bet it's the case that neither the burden property or the benefit property really want to go through eithers' garden....

Thanks for that

 

[big-all]

yes and they also say on foot and and somthing like non motorised

the other gate is fully between the same 2 gardens just further down no further rear access as such its just a sensible non legally binding compromise as my workshop is at the gate so good for me on a path away from the window so good for them with my general reluctance to use the path through respect makes a happy time for all

 

[big-all]

Further comments the right off way is withough restriction as in they can pass and repass perhaps 3750 times a day as its there path as much as yours this is not a public right off way where a annual passage is required to keep it open its a private "right off passage" where no restrictions effect use as in remains open for 10000 years even iff never used---- to be honest the last point is tongue in cheek and more off an assumption

 

[MWade93]

Further comments the right off way is withough restriction as in they can pass and repass perhaps 3750 times a day as its there path as much as yours this is not a public right off way where a annual passage is required to keep it open its a private "right off passage" where no restrictions effect use as in remains open for 10000 years even iff never used---- to be honest the last point is tongue in cheek and more off an assumption

Thanks, yes indeed that is my fear that in the very highly unlikely event we get horrible neighbours who are aware of this then we could have it being used at 3am just for the sake of it.

However, in our situation there is no mention of a right of way in the title deeds, and right now it's not an entirely open access, the "burden" property is asked nicely for access on each occasion by the gardener. I don't know if that constitutes

 

[MWade93]

One of the conditions for claiming a prescripted right of way:

• has not exercised the right by force, stealth or with any consent from the other landowner.

It would seem that consent is given on every occasion in our case.

 

[Mottie]

Our friends have a terraced cottage in a terrace of about 6 others. They are unable to extend it because they don’t own the path which runs along the back of all the cottages. The gardens of the cottages are on the other side of the path.

 

[big-all]

One of the conditions for claiming a prescripted right of way:

• has not exercised the right by force, stealth or with any consent from the other landowner.

It would seem that consent is given on every occasion in our case.

where did you find that quote ??
remember in my case its not a public right off way public access and private access are different things [my words and actual description probably wrong]

do the deeds actually show a path to next door ??

 

[Nige F]

Short answer - don't buy ex council.

 

[MWade93]

Short answer - don't buy ex council.

How come?

 

[conny]

It's possible that the old people next door were related/very good friends with the owners of the property you are buying, and they came to a 'verbal' agreement to put the gate in so they could come and go to each others property when they socialised.
I think it would be worth having a friendly chat with your new neighbours, tell them you are in the process of buying next door and you hope you don't disturb them when moving in, having vehicles parked outside with your stuff etc, then just drop it in to the conversation such as, "We've noticed there is a gate between the back gardens between your house and this one. Is that something you and your friends put in or has it always been there. I notice none of the other gardens don't seem to have one."
Approach it in a friendly manner and you may get permission to close it off if the gardener is willing to go around, or they eventually move out and before anyone else moves in.

 

[MWade93]

where did you find that quote ??
remember in my case its not a public right off way public access and private access are different things [my words and actual description probably wrong]

do the deeds actually show a path to next door ??

Prescriptive Right of Way - SWLaw Solicitors

It is generally known that an easement, such as a right of way, can be acquired simply by exercising the right, unchallenged and uninterrupted, over a long...

www.swlaw.co.uk

The picture attached, red is our boundary, shows a possible path? But nothing stating this is a path or a right of way in either our deeds or the neighbouring (council) deeds.

It's possible that the old people next door were related/very good friends with the owners of the property you are buying, and they came to a 'verbal' agreement to put the gate in so they could come and go to each others property when they socialised.
I think it would be worth having a friendly chat with your new neighbours, tell them you are in the process of buying next door and you hope you don't disturb them when moving in, having vehicles parked outside with your stuff etc, then just drop it in to the conversation such as, "We've noticed there is a gate between the back gardens between your house and this one. Is that something you and your friends put in or has it always been there. I notice none of the other gardens don't seem to have one."
Approach it in a friendly manner and you may get permission to close it off if the gardener is willing to go around, or they eventually move out and before anyone else moves in.

This is possible, I agree but also wonder how to go about this when we haven't finalised the purchase yet, the current resident in our property is retired and the front doors are right next to eachother. But yes I do agree that is probably a good course of action