Right of Way - Terraced house

Re: Right of Way - Terraced house

Postby TEW32 » Wed Sep 06, 2017 7:58 pm

Thanks for all your advise Mr Sheen and McAdamb53..
I now know what the likely outcome will be and will live with it.
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Re: Right of Way - Terraced house

Postby MacadamB53 » Wed Sep 06, 2017 8:34 pm

TEW32 wrote:Thanks for all your advise Mr Sheen and McAdamb53..
I now know what the likely outcome will be and will live with it.
that's a bit like a first time father saying he knows what's coming before the baby has arrived :)

all the best, Mac
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Re: Right of Way - Terraced house

Postby ukmicky » Fri Sep 08, 2017 12:13 am

If that is all the wording then your solicitor is correct and what you have recorded on your deeds is a license and not an easement ,and when the named parties moved out it lapsed.

Whilst what the others have said can be true ,any easement ,even an implied historic one requires proper evidence that one exists because a large number of terraced houses do not have easements allowing them access through a neighbours garden .
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Right of Way - Terraced house

Postby jonahinoz » Fri Sep 08, 2017 7:52 am

Quite rightly people should not feel awkward using such rights, some where along the way, someone who owns their property paid for that right and the values of both properties were adjusted accordingly.

Hi Mr Sheen,

Or, as in this case, the RoW was not paid for, only permission for specified people to cross the land.

As for awkward, times change, people have become more private. In 1959 I had to use an RAF toilet block where, if you didn't have a newspaper, you just leant over and read the paper of the bloke sitting next to you. Or more recently,1970s, Llanelli public swimming baths, where the changing room was just that ... one big room with hooks on the walls. I had difficulty ignoring the presence of two young daughters sharing the room with the rest of us. OK, that was my problem, when in Rome ...

I'm sure nobody wants to see me having an all over "dhobi" at the kitchen sink, but there are those who would object to being able to see me, and could, I think, complain to the police.

John W
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Re: Right of Way - Terraced house

Postby stufe35 » Fri Sep 08, 2017 9:18 am

I am going to take a guess at whats happened here:

Some time way back when the owner of no. 6 has noticed their deeds don't state no 2 is allowed to cross their garden...they have stopped no 2 from doing so.

The owners of no1 and no 2 have been friends so no1 granted a licence to allow the owners Mr and Mrs X etc. to cross their garden for access to resolve the problem no2 now has. (or thinks he has - see later)

Present day---Mr and Mrs X have moved on...the OP has not stated when...so it may or may not be possible to claim a prescriptive easement for the route across no 1.

Crutially however the deeds of no 2 state that they have an easement to cross no. 6. My understanding from other postings on this forum is that it is the wording of the deeds of no2 which will overrule. The deeds of no 6. are most likely a typographical error. ie no 6 cannot prevent no 2 crossing his land. (I would appreciate others comments on whether I have got this right ?)

So possibly the OP could just fence his land, point at his deeds and say...this is a licence which is expired...by the way do you realise you have the right to cross no 6 , please access the back of your house that way ?

Another option would be for the OP to point at his deeds and say ..."this is a licence which has expired. If you want to access the back of your house across my land I will sell you a route but around the edge" (as previously mentioned) and turn this into an opportunity to earn money. Sell either a right of way or sell the land outright to no 2.
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Re: Right of Way - Terraced house

Postby arborlad » Fri Sep 08, 2017 10:56 am

TEW32 wrote:1,2,3,4,5,6 terrace houses in the street
I am in the process of buying an end terrace house (No 1). The title deeds state that none of my neighbours have the ROW across my garden.




What separates your garden from No. 2, any walls, fences, hedges etc?............any gates?.........any paths?
arborlad

smile...it confuses people
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Re: Right of Way - Terraced house

Postby pilman » Sun Sep 10, 2017 10:37 pm

Is this posting about a property in Scotland?
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Re: Right of Way - Terraced house

Postby TEW32 » Thu Sep 14, 2017 9:38 am

Yes this property is in Scotland. I take the rules are different from the whole of the UK.

Pilman - can you offer any advice?
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Re: Right of Way - Terraced house

Postby TEW32 » Thu Sep 14, 2017 9:39 am

pilman wrote:Is this posting about a property in Scotland?


Yes this property is in Scotland.

Pilman - Can you offer any advice?

Thanks in advance.
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Re: Right of Way - Terraced house

Postby TEW32 » Thu Sep 14, 2017 9:40 am

arborlad wrote:
TEW32 wrote:1,2,3,4,5,6 terrace houses in the street
I am in the process of buying an end terrace house (No 1). The title deeds state that none of my neighbours have the ROW across my garden.




What separates your garden from No. 2, any walls, fences, hedges etc?............any gates?.........any paths?


A fence separates the gardens.
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Re: Right of Way - Terraced house

Postby TEW32 » Tue Dec 05, 2017 2:48 pm

TEW32 wrote:
pilman wrote:Is this posting about a property in Scotland?


Yes this property is in Scotland.

Pilman - Can you offer any advice?

Thanks in advance.


Any more comments for this post.
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