Buying House - Right of Way

Buying House - Right of Way

Postby tararesa » Thu Nov 23, 2017 8:07 pm

Hi Friends,

Great forum. Tried searching similar case as mine but couldn't find hence posting my question.

I am buying a semi detached house with shared walking passageway which to our individual gardens which is shown as dashed lines on title plan . Image of my title plan as below. The land has the benefit of right of way over the half passage way not included in the title. (Words taken from title register).

78.1.JPG


My Neighbors Title Plan is as below with dashed line on shared passageway. His land is subject to and has benefit of provisions of Deed of Grand of Right of Way dated 12th March 1928 (Words taken from Title Register)

80.JPG


Question 1 - I want to build wooden fence on my boundary with gate and happy to give one set of keys to my neighbor if that is the law but I am unsure If I can I build a fence on my Red Line which is the boundary of my property.

Question 2 - There is currently small brick wall from footpath to the wall of my house covering my front garden(Reference - Title Plan). I am planning to remove this wall and build it across the middle of shared passageway which stops at the gate if I build it. This helps me to put up a driveway to park my car.

Every other house in that location has fence with gate and wall separating the front garden. Only these 2 properties have no fence/gate/Wall to separate the passageway. I spoke to the neighbor and he is of the view that having no fence would help him to carry big tools in to his garden but I want some privacy and security.

What are my rights and what can i do or not do if my neighbor objects for fence and moving my front garden wall to the middle of shared passage way that I own.

Question 3 - I was keenly looking at my title plan as below and also went to the property many times. There is one issue where one of the fence line is not straight to the back of the house. Fence line in Title Plan is straight and Fence Line in Ordinance Survey Map and also Physically at the property is Bent inwards. I have raised this with my solicitor who has asked me to go back to estate agent for clarification as it is probate property, but my question is whether I will be able to build the fence straight because having it bent inwards would mean I would be loosing little piece of land to right of access though it is still my land which I don't think should happen. Also I am worried my neighbor built his rear extension slightly bent inwards and not sure if Title Plan is wrong at land registry and ordinance survey map is correct.

Land Registry Title Plan Image -
78.1.JPG

Ordinance Survey and What is really at the property.
Bent.JPG


Thanks for the help.

Regards
Tara
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Re: Buying House - Right of Way

Postby stufe35 » Thu Nov 23, 2017 8:31 pm

His land is subject to and has benefit of provisions of Deed of Grand of Right of Way dated 12th March 1928 (Words taken from Title Register)



You need to post the wording of this deed.

It's highly likely it will say the same as your deed. If it does it means you have a right of way over the bit of passage he owns, and you have a right of way over the bit of passage way he owns.

If that is the case my understanding is you cannot lawfully erect a fence (unless you can gain his permission ) on your boundary as it will interfere with his right of way.

Same goes for the wall in question 2
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Re: Buying House - Right of Way

Postby MacadamB53 » Fri Nov 24, 2017 12:11 am

stufe35 wrote:
His land is subject to and has benefit of provisions of Deed of Grand of Right of Way dated 12th March 1928 (Words taken from Title Register)



You need to post the wording of this deed.

It's highly likely it will say the same as your deed. If it does it means you have a right of way over the bit of passage he owns, and you have a right of way over the bit of passage way he owns.

If that is the case my understanding is you cannot lawfully erect a fence (unless you can gain his permission ) on your boundary as it will interfere with his right of way.

Same goes for the wall in question 2
+1
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Re: Buying House - Right of Way

Postby arborlad » Fri Nov 24, 2017 11:09 am

tararesa wrote:Question 3 - I was keenly looking at my title plan as below and also went to the property many times. There is one issue where one of the fence line is not straight to the back of the house. Fence line in Title Plan is straight and Fence Line in Ordinance Survey Map and also Physically at the property is Bent inwards. I have raised this with my solicitor who has asked me to go back to estate agent for clarification as it is probate property, but my question is whether I will be able to build the fence straight because having it bent inwards would mean I would be loosing little piece of land to right of access though it is still my land which I don't think should happen. Also I am worried my neighbor built his rear extension slightly bent inwards and not sure if Title Plan is wrong at land registry and ordinance survey map is correct.




The purpose of the title plan is to show you which property you bought, not where on that property the boundary lies - that is what the fence is for. If you proceed with the purchase it will be on the basis of what you see is what you buy, if you believe there are any errors or omissions in the property, the time to sort it is pre-purchase with the vendor, this is obviously complicated by it being a probate sale. You also need to establish ownership of any boundary features.
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Re: Buying House - Right of Way

Postby Collaborate » Fri Nov 24, 2017 2:47 pm

Am I the only one wondering why on earth, if you're buying a property, you don't address this question to your solicitor, and instead turn to an anonymous internet forum where people of varying degrees of qualification, whose credentials you cannot verify, will try and reply?
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Re: Buying House - Right of Way

Postby stufe35 » Fri Nov 24, 2017 3:23 pm

Perhaps because this is free, and solicitors want paying upfront before they do anything, charge by the hour (and its them that keeps a check on how much time they've spent, you have no way of verifying it) and they want more for 1 hours work than an average person takes home for 3 days work.
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Re: Buying House - Right of Way

Postby despair » Fri Nov 24, 2017 4:35 pm

Given all the problems which occur with ROW i am surprised anyone bothers to buy property with one
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Re: Buying House - Right of Way

Postby Volumiza » Fri Nov 24, 2017 4:57 pm

despair wrote:Given all the problems which occur with ROW i am surprised anyone bothers to buy property with one


I am one of those people. Unfortunately, people fall in love with properties and don't fully understand the potential implications, long term burden or potential for disputes. I for one, if we ever move, wouldn't touch a property with a right of way with a barge pole!

Ignorance is bliss :)

Vol.
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Re: Buying House - Right of Way

Postby stufe35 » Fri Nov 24, 2017 5:19 pm

ROW are not a problem, there are millions of them all over the country used by people without any issue. It is people that are the problem. People that do not understand or do not want to understand..unreasonable people. oh yes and solicitors who over the years have written sloppy rights of way into deeds that then lead to grey areas that cause disputes....of course it keeps them in work sorting the resultant mess out, fantastic business plan really. Rant over --sorry to hijack the thread
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