Right Of Way....

Right Of Way....

Postby Faye Grainger » Mon May 09, 2005 6:40 pm

Hi,

Please could someone advise me on a Right of way that exists for my next door neighbours to cross my back garden, and up a long driveway to the main road ( or usually straight across our front garden!). We bought our lovely house in February knowing that this right of way existed,but never dreamt that anyone would actually traipse through their neighbours rear garden,with total disregard for their privacy
On the day we moved in the female neighbour approached me and the first thing she mentioned was this right of way and that i " had to understand that the cottages come as a package". Well, maybe in 1894 they did but not in 2005! Since we moved in her family have rattled through at all times of day and night with wheelie bins, bikes, newspaper trollies etc. We are regularly woken up on a sunday morning at 6 am by the newspaper trolley. They are constantly knocking at our front door asking us to move cars etc when there is more than sufficient room for them to pass through.
I have a question:
1/ Surely a right of way can be rescinded? Where is our right to privacy? These people are strangers to us and yet can walk through our rear garden (we have two young children)
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Postby Treeman » Mon May 09, 2005 8:42 pm

Are you serious?

The ROW existed before you bought the house. Now that you own it you think the people with the benefit of it should be prevented from using it simply because you didn’t expect them to use it.

You knew about the ROW prior to the purchase but either failed to appreciate the situation or didn’t research it properly.

There comes to mind the phrase Caveat Emptor.

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Postby Angelisle » Mon May 09, 2005 9:49 pm

Although the subject has been posted in wrong forum, you have been given good advice from Treeman
Caveat Emptor.
the buyer beware.
Faye,
Surely a right of way can be rescinded?


In varying and extinguishing a private right of way, the owner of the servient tenement is entitled to develop his own land, and this can come into conflict with his neighbour's overriding interest, ie. the right of way.
It may be possible, bearing in mind the configuration of the land in the servient tenement, to redefine the right of way along a new route. This has to be negotiated with the owner(s) of the dominant tenement(s) before a Deed of Variation can be drawn up by a solicitor.
It may be desirable for a right of way to be extinguished altogether. Again, this has to involve negotiation with owner(s) of the dominant tenement(s). It is usual in these circumstances for the owner of the servient tenement to pay all of the costs associated with obtaining a replacement right of way (over a third party's land) for the dominant tenement(s). A deed of Extinguishment is needed to formalise the extinguishment.
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Postby Faye Grainger » Mon May 09, 2005 10:56 pm

What does caveat emptor mean?

H'mmm. yes...we didn't research the ROW fully!! We fully accept that there is one in place, what we object to is the way it is being used,and the attitude demonstrated by our neighbours.
I wouldn't dream of walking through someones back garden if it wasn't absolutely necessary.
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Postby Angelisle » Mon May 09, 2005 11:31 pm

Faye,
What does caveat emptor mean?

As I explained under quote its latin for Let the buyer beware.
H'mmm. yes...we didn't research the ROW fully!!

Your solicitor would or should have fully explained this to you on purchase and as such with hindsight you are unfortunately obliged to accept the right of way conditions.
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Postby Faye Grainger » Mon May 09, 2005 11:54 pm

Thanks for the definition!! We will definately be seeking legal advice re interpretation of the right of way over our land. This area of law appears to be a minefield and very open to abuse.
We are the easiest people going and understand that our garden may have to be accessed re shared drainage etc, but not as a general thoroughfare when there is absolutely no need.
The phrasing on our deeds states:
"Subject to such rights of way and drainage as may exist for the owners or occupiers for the time being of the adjoining property none as no .......ADDRESS"
The current occupants where not at the address when this was added to the deeds.....
We are confused....
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Postby Angelisle » Tue May 10, 2005 9:40 pm

Faye,
The current occupants where not at the address when this was added to the deeds.....
We are confused....

Hence the reason why you must seek correct legal advice from a qualified professionals.
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rights of ways

Postby moors » Thu May 12, 2005 8:36 pm

Hi we got a similar problem to yours our neighbour enjoys abusing the row over our garden.We have ask them if we could move it to the bottom of our garden so that we havent got people walking past our front door. We have offered to pay for all cost but they still refused.I think people like them enjoy making our lives hell
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Postby moors » Thu May 12, 2005 9:33 pm

Found tis information on easement and row hope it will help you.An easement is very difficult to extinguish and should be thought of as existing for ever. The land of the servient tenement is burdened with the easement. The owner of the dominant tenement should not forget that the owner of the servient tenement has a right to peaceful enjoyment of his land and the legitimate development of his land, and the performance of the easement should not interfere with the servient owners peace nor prevent him from exercising his right to develop his land [provided that the development caters for the easement.]
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LEGAL JARGON - RIGHTS OF WAY

Postby balliu » Mon Jan 21, 2008 2:10 pm

Hi there,

Can you tell me the difference between:

.....subject to rights of way

......benefits from a right of way


It relates to a property which has rights of way over my land, and they have always quoted by saying their property benefits from a right of way over the land but my solicitor has found that their deeds state that it is subject to a rights of way, and that there is a big difference.
My solicitor tried to explain the difference in meaning to me....but lost me!

Can anyone explain without losing me?!

Thanks
Nellie Smith
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Postby Conveyancer » Mon Jan 21, 2008 4:44 pm

If property A has a right of way over property B, then

Property A has the benefit of the right of way

and

Property B is subject to the right of way.
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subject to.....rights of way

Postby balliu » Mon Jan 21, 2008 6:39 pm

Thanks for the info but, it doesnt help me.

I am property A and property B uses my land to get to his property B; but my solicitor says that he has found that property B is [b]'subject to rights of way' [/b] but not as we all thought, property B does not 'benefit from rights of way' - all explaining the land property B has to cross - my property A.

Confused? I was. Hence this message!

Surely subject to and benefit is the same damn thing - they can cross my land, no?
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Postby organic » Mon Jan 21, 2008 9:13 pm

if a person is reading there own deeds,subject to.means someone has a right of way over your land. benifits from means you have the right of way over someone elses land.
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Postby hzatph » Mon Jan 21, 2008 11:18 pm

Can you post the exact extract from your neighbour's land entry please.
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Re: subject to.....rights of way

Postby Beech » Sun Feb 24, 2008 12:03 am

balliu wrote:I am property A and property B uses my land to get to his property B; but my solicitor says that he has found that property B is 'subject to rights of way' but not as we all thought, property B does not 'benefit from rights of way' - all explaining the land property B has to cross - my property A.

You need to check the wording on both titles and also refer to attached plans, some descriptions of rights of way are badly worded. If your neighbour has to cross your land to reach their property then they would benefit from the use of a right of way, whether it is clearly written in their title or not.
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