Rear access right of way... should we walk away?!

If you are planning to buy a rental home, or you're thinking about what to do with one you have just acquired, this is the place for any questions about starting out in the rentals business.
pinkpeggysue
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Joined: Tue Jan 21, 2020 11:34 am

Rear access right of way... should we walk away?!

Post by pinkpeggysue »

We're hopefully buying an 18th century cottage which has a right of access behind next door's cottage to a useful outbuilding for bikes etc & our back garden. We hope to use the cottage ourselves plus rent it out as a FHL. On a practical level, we'd have to take out the bins from our back garden and go through a GATE that the new neighbours have very recently put in to make their back yard more private (FHL also - smaller than ours, but with hot tub in that back yard). I personally don't have a problem with it but have just realised that could be a potential nightmare with both properties having holiday tenants in!!? Worst case scenario is hot tub shenanigans going on next door as our holidaymakers want to come thro' with muddy bikes from the road or coming out with the bins - as they have a right to do so. Any thoughts? Thanks from a newbie.
Drax
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Joined: Thu Jul 21, 2016 4:36 pm
Location: Yorkshire Dales

Post by Drax »

Is your neighbour legally allowed to install a gate obstructing the right of way to the other cottage? Often there are legal clauses that
restrict obstructing rights of way.
From personal experience 'rights of way' can be a nightmare and a source of friction between neighbours.
Perhaps it may be prudent to find another property that does not have these problems.
Keep your powder dry.
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greenbarn
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Joined: Sat May 30, 2009 6:41 pm
Location: The Westmorland Dales, Cumbria

Post by greenbarn »

As a start point you need to check if the Right of Access to the property allows for business use of the property.
Rights of access very often have gates across them which is not a problem if it isn’t locked and doesn’t prevent the access being used, although I have no idea if the neighbours needed your consent to install it. It might pose a problem taking out your bins for trade waste collection.
Many of your guests are going to be disturbed by the presence of a hot tub in close proximity, even without passing through the right of access.
The set up sounds like a potential cause for complaint from your guests, the neighbour’s guests, and friction between yourself and the neighbours; it all stacks up to nightmare and heartbreak.
I’d walk away.
pinkpeggysue
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Joined: Tue Jan 21, 2020 11:34 am

Post by pinkpeggysue »

Thanks - lots to check out & think about!
akwe-xavante
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Joined: Wed Jul 01, 2015 3:19 pm
Location: East Yorkshire

Post by akwe-xavante »

My cottage has 4 ROW's over a number of other properties.

The title to my cottage says that ALL owners and occupiers have a ROW. This includes anybody, inc holidaymakers, tenants and their visitors.

I clarified this with a solicitor and the solicitor said that all guests and their visitors, myself, friends and indeed anybody and everybody at any time and as often as required without restriction can pass and repass and must be allowed to do so unrestricted and without confrontation.

Gates etc are not a problem as long as they are not locked at any time. People using the ROW's to access and egress my cottage DO NOT have to close and secure gates if they do not want to. The owner / occupiers of the properties you have a ROW over must accept that others may pass and repass at any time and must behave accordingly and where required, restrain pets and livestock etc. They cannot pick and choose who does / does not walk through and when or how often.

By default a ROW gives a right to anybody and everybody to pass and repass at any time for any reason, unless the deed or conveyance expressly details any restrictions specifically.

There will be a deed or a conveyance attached to the title detailing information about the ROW.

If a title expressly says that you cannot run a business at the property then by default you cannot use the property as a FHL and theirfore guests don't exist to use the ROW's. If the title does not say that you cannot run a business then people can use the ROW's to access your property for business purposes.

Download the title to the property from Land Registry to find out more about the ROW https://www.gov.uk/search-property-info ... d-registry it costs £3 for the title and £3 for the plan. It will tell you more about the ROW and what you can and can't do.

Remember though that by default they are no restrictions at all whatsoever what and by who a ROW can be used for and how often etc. Restrictions apply where they are expressly detailed within a properties title.
AndrewH
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Post by AndrewH »

akwe-xavante wrote: ... Download the title to the property from Land Registry to find out more about the ROW https://www.gov.uk/search-property-info ... d-registry it costs £3 for the title and £3 for the plan. It will tell you more about the ROW and what you can and can't do.

Remember though that by default they are no restrictions at all whatsoever what and by who a ROW can be used for and how often etc. Restrictions apply where they are expressly detailed within a properties title.
That is the way to go. When I was in practice Land Registry entries were not accessible by the public, except of course one's own. It's so much better now. Rights of way are normally broadly written, and include the expression "with or without vehicles", which is an important aspect.
akwe-xavante
Posts: 306
Joined: Wed Jul 01, 2015 3:19 pm
Location: East Yorkshire

Post by akwe-xavante »

The owners of the FHL over which you would have a ROW will no doubt be informing their guests that others have a ROW through their backyard. So guests will know that people will be walking back and forth and should behave.

You may find that your guests on occasions may be invited to share the Hotub! So your guests may socialize with next doors guests possibly and vice versa and at each others property.

I had initial issues with ROW's and guests walking back and forth through neighbours gardens etc. One letter from my solicitor to all those properties involved and the problem came to an end. After a while it has become an advantage as the neighbours have embraced guests walking back and forth on the whole.

If you do buy ask your solicitor to indemnify the ROW for you. It costs roughly £200. This is an insurance policy that will protect your rights forever successors in title. If your right to a right of way is challenge by an existing or future neighbour the policy covers all your legal fees up to £2M or more depending on what you choose to pay for.

Don't let the ROW put you off, but ask and or research in depth what your rights are and indemnify them on purchase.
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