Neighbour requesting access to garden gate

Neighbour requesting access to garden gate

Postby Snowsquonk » Sat Dec 30, 2017 10:59 am

An elderly family member lives alone in a little cottage. Her back garden comprises a small courtyard and a passageway leading to a gate which gives access and ROW over the entrance drive to a block of flats.

Beyond her courtyard are buildings which face onto the street - so apart from the passageway her courtyard is landlocked. Beyond her back wall is another landlocked courtyard belonging to one of the buildings facing the street. Because of the arrangement of the buildings this does not have the same passageway and access to the driveway - the only way to access it is via the property.

The owners of this property have approached the family member informally to ask whether she would allow them to knock down part of her boundary wall and install a gate so that they can access her passageway and gate to the driveway. She has asked the request to be put in writing and she will then consult her family members (us!) as to what to do.

So some questions for knowledgeable folk please:

- Do you think granting access in the way suggested would affect the value of her property? It would definitely reduce the privacy of her property as the only place for a gate is within the courtyard rather than down the passageway and out of view of her house.

- If she decided she was happy to grant this access, would this be an easement and I assume both parties would need to instruct solicitor to ensure it was properly written up?

- If she decided to go ahead, should she request some compensation? Basically - pros and cons?? I can see how it would advantage the other property but can't really see any advantage to elderly family member.

- Could she grant the access as a temporary measure with the access and gate being removed again when her property is sold or is that just asking for trouble?

She has no relationship to speak of with the neighbours - nothing untoward she just doesn't know them but she does tend to be a people pleaser....

Thanks
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Re: Neighbour requesting access to garden gate

Postby arborlad » Sat Dec 30, 2017 12:37 pm

Snowsquonk wrote:The owners of this property have approached the family member informally to ask whether she would allow them to knock down part of her boundary wall and install a gate so that they can access her passageway and gate to the driveway. She has asked the request to be put in writing and she will then consult her family members (us!) as to what to do.

Thanks




I think the absence of an existing gate says it all, no rights exist over your relatives land and they would be unwise to grant any. As a caveat, it is possible that a previous gateway had been bricked up - but it would be easy to tell.
arborlad

smile...it confuses people
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Re: Neighbour requesting access to garden gate

Postby Snowsquonk » Sat Dec 30, 2017 4:49 pm

Thank you - there is no evidence of an existing right of way/previous gate.
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Re: Neighbour requesting access to garden gate

Postby despair » Sat Dec 30, 2017 8:24 pm

I would tell them in no uncertain but very polite terms .....NO
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Re: Neighbour requesting access to garden gate

Postby MacadamB53 » Sat Dec 30, 2017 9:28 pm

Hi Snowsquonk,

can you confirm that she does own the passageway and whether it is already burdened by any RoWs?

an aside - if her property isn’t registered then you ought to have a sols take a look at the paper deeds in case you/she misunderstands what she owns...

kind regards, Mac
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Re: Neighbour requesting access to garden gate

Postby Eliza » Sat Dec 30, 2017 11:28 pm

despair wrote:I would tell them in no uncertain but very polite terms .....NO


Agreed.

I can't believe their nerve to even ask for it.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Neighbour requesting access to garden gate

Postby Snowsquonk » Sun Dec 31, 2017 11:18 am

Relative says she owns the passageway and she is not aware of any existing row on the passageway or her courtyard.

We will need to check her deeds to be absolutely sure but she is usually quite on the ball with things.

Gut instinct is a polite refusal - it would really affect her privacy.
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Re: Neighbour requesting access to garden gate

Postby despair » Sun Dec 31, 2017 1:53 pm

Not only her privacy but also house value too

Some people really have a flipping cheek and hope they can con the elderly
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