Right of Way, Access through Garden

[conny]

Thats even better. Speak to the current resident, (don't ask to go in unless he invites you, this will show you do not want to intrude), and just chat to him about the garden. Say something about 'thinking about staining/painting the fence when the weather is right but wanted to check who's fence it is. Is a shared ownership or did you or the neighbour pay for it and therefore own it? You don't want to go painting something that belongs to someone else without their permission.' Then just drop it in about the gate. You have nothing to lose by asking. He may say it's been there since the houses were built by the council. If that is the case, after asking the gardener/neighbour, ask the council who it belongs to and if it's theirs ask them if you can remove the gate and fit a piece of fencing.
As said earlier, keep everything on a friendly basis because after you move in, your neighbours may still have quite a few years left in them.

 

[MWade93]

Thats even better. Speak to the current resident, (don't ask to go in unless he invites you, this will show you do not want to intrude), and just chat to him about the garden. Say something about 'thinking about staining/painting the fence when the weather is right but wanted to check who's fence it is. Is a shared ownership or did you or the neighbour pay for it and therefore own it? You don't want to go painting something that belongs to someone else without their permission.' Then just drop it in about the gate. You have nothing to lose by asking. He may say it's been there since the houses were built by the council. If that is the case, after asking the gardener/neighbour, ask the council who it belongs to and if it's theirs ask them if you can remove the gate and fit a piece of fencing.
As said earlier, keep everything on a friendly basis because after you move in, your neighbours may still have quite a few years left in them.

Thank you, I like your positive outlook, you can stay!

On the other hand you've got people saying point blank avoid buying an ex council house and not even caring to provide a reason.

I really appreciate your advice!

 

[conny]

My last house, which I sold quite easily, was ex-council property. The neighbours either side owned theirs but there were quite a few still owned by the council and we never had any problems with anyone.
Don't know if the fact it was in Liverpool has any relevance, ( a lot of people wouldn't even visit Liverpool, less much live there!),

 

[jeds]

the title deeds says nothing about a right of access.

If the title deeds say nothing of a RoW, how do you know one exists? My advice is download the title for the house and also for next door from Land Registry and see what it says? No title = no RoW.

 

[cwhaley]

My last house, which I sold quite easily, was ex-council property. The neighbours either side owned theirs but there were quite a few still owned by the council and we never had any problems with anyone.
Don't know if the fact it was in Liverpool has any relevance, ( a lot of people wouldn't even visit Liverpool, less much live there!),

My late Grandmother had her council house new in 1950, bought it in 1980/81 before the family sold it on in 2022. Some houses are still council-owned now, but one-by-one they've been bought up. All solid houses and no issues. Now a mixture of people in their 90s to young families. Never any problems.

Liverpool is a great place! We've had a few city breaks there and I've worked there on a store opening at the retail park on Edge Lane.

 

[MWade93]

If the title deeds say nothing of a RoW, how do you know one exists? My advice is download the title for the house and also for next door from Land Registry and see what it says? No title = no

Well, that's why I'm here , my understanding is if it's been used without force, stealth or permission for over 20 years it can be a right of way even without being in the deeds.

At the moment it looks like it's been used with permission.

Another problem is if the land is landlocked between properties... Again this is not the case here because of the abandoned land behind.

Anyway I've now contacted the agent to ask the vendor for more details.

I'll keep you all updated!

 

[jeds]

Well, that's why I'm here , my understanding is if it's been used without force, stealth or permission for over 20 years it can be a right of way even without being in the deeds.

To make an easement legal your neighbour would have to follow the legal process, satisfy the burden of proof and have it registered. Until then it's just an idea. Your existing neighbour might just have a chance of that (doubt it, if you've been giving permission) but it's unlikely a new neighbour would and even more unlikely that they would want to risk the time and money on it. At the moment, nothing exists. My advice is stick with that and allow access only for as long as you are happy to do so.

 

[MWade93]

To make an easement legal your neighbour would have to follow the legal process, satisfy the burden of proof and have it registered. Until then it's just an idea. Your existing neighbour might just have a chance of that (doubt it, if you've been giving permission) but it's unlikely a new neighbour would and even more unlikely that they would want to risk the time and money on it. At the moment, nothing exists. My advice is stick with that and allow access only for as long as you are happy to do so.

Sound advice, thanks!

 

[GoodDIYjob]

To make an easement legal your neighbour would have to follow the legal process, satisfy the burden of proof and have it registered. Until then it's just an idea. Your existing neighbour might just have a chance of that (doubt it, if you've been giving permission) but it's unlikely a new neighbour would and even more unlikely that they would want to risk the time and money on it. At the moment, nothing exists. My advice is stick with that and allow access only for as long as you are happy to do so.

Yeah. Very logical and cuts through all the BS, assuming of course their is no registered easement.