Neighbour moving RoW

Neighbour moving RoW

Postby Schulz » Thu Aug 24, 2017 10:27 pm

Hi Everybody,
Am new here and so would appreciate your advice. My neighbour (the builder) wants to move the RoW from the middle of the gardens to the foot of the gardens. He does not seem to wish to discuss the matter. What should we do? It is a row of 7 terraces. I am at the far end.
Thanks.
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Re: Neighbour moving RoW

Postby ukmicky » Fri Aug 25, 2017 2:22 am

He cant without everyone's agreement. What does your register of title and plan show where its located.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Neighbour moving RoW

Postby Schulz » Fri Aug 25, 2017 5:25 pm

Hi, The title plan does not show the easement but its 123 years old so a RoW by prescription possibly. If he just barges ahead what is the procedure?
Many thanks
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Re: Neighbour moving RoW

Postby ukmicky » Fri Aug 25, 2017 11:32 pm

Schulz wrote:Hi, The title plan does not show the easement but its 123 years old so a RoW by prescription possibly. If he just barges ahead what is the procedure?
Many thanks

How do you know its 123 years old
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Re: Neighbour moving RoW

Postby jonahinoz » Sat Aug 26, 2017 4:03 pm

It is a row of 7 terraces. I am at the far end.

Hi Shulz,

I think you are saying that nobody has a RoW over your garden, but you have a RoW over the other six? Great for you, tough on everybody else. But hey, that's the law.

Personally, I would not want to buy a house that was subject to a RoW ... neither servient nor dominant. All it needs is a new neighbour with a big dog, or a large unruly family, or new ideas about their property (you seem to have one of those already).

I'm guessing that moving the path will mean further for you to pull your wheelie bin? But how many gates do you have to open and shut to reach the road.

Me? I would act reluctant. See if they will compromise with a properly laid path, fenced from the other six gardens, and with no gates ... except into your garden. Better still, hang-out for the path being wide enough to pass and repass with your wheelie bin, even if everybody else keeps their wheelie bins outside the fence. Are the gardens long enough for vehicle access?

You have a RoW. Even if everybody else moves their paths, you will still have the right to follow the line of the old path ... even if it means trudging through the newly dug potato patch.

John W
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Re: Neighbour moving RoW

Postby Schulz » Sun Aug 27, 2017 9:07 pm

My thoughts entirely. Only concern is how to respond if they simply go ahead. The houses were built in 1896, so 121 years old not 123.
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Re: Neighbour moving RoW

Postby arborlad » Mon Aug 28, 2017 8:05 am

Schulz wrote:Hi Everybody,
Am new here and so would appreciate your advice. My neighbour (the builder) wants to move the RoW from the middle of the gardens to the foot of the gardens. He does not seem to wish to discuss the matter. What should we do? It is a row of 7 terraces. I am at the far end.
Thanks.




How are your properties laid out, fence, gates, paths, etc.?.............it's not unusual for easements to be undocumented, the 'evidence' is age, layout and historic usage - coal deliveries etc.

All affected properties would have to be in agreement to any changes in the route, which would include any lenders, so check for any legal insurance you and other neighbours may have.
arborlad

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Re: Neighbour moving RoW

Postby ukmicky » Mon Aug 28, 2017 11:33 pm

If I were you I would take lots of photos
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Neighbour moving RoW

Postby jonahinoz » Tue Aug 29, 2017 8:55 am

Hi Shulz,

Have you examined the Land Registers for the other properties in the row?

I'm guessing that nobody has a ROW over your garden. But all the other houses do. Every time anyone of them changed owners, the buyers solicitors will have asked questions. Surely somebody will have made a note of the answers.

I suggest that you obtain a copy of the Register for the house at the other end of the row ... or would the second from end be better - both servient and dominant? Er ... I assume that you have (or seen) a copy of your own Land Register.

John W
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Re: Neighbour moving RoW

Postby Schulz » Tue Aug 29, 2017 5:51 pm

Yes my property register says..."the Vendor and the Purchaser and the persons respectively deriving title under them shall have the same rights as to the flow of water and drainage in through and over the spouts gutters and drains upon or through the property of the other of them and other easements or quasi-easements as the same now exists under one ownership".

The other property register has nothing about easements.
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Re: Neighbour moving RoW

Postby Schulz » Sat Sep 02, 2017 9:04 pm

Thanks very much for the help. I see from the other posts that this is a common problem.
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