Right of way by prescription

devilsbackbone
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Re: Right of way by prescription

Post by devilsbackbone » Fri Feb 16, 2018 9:56 am

Just had our first and very minor backlash this am.... I got two fingers over the garden hedge and a little foul language but no conversation or confrontation.

I'm guessing family know more about what is in there mums will than we do and they are not happy or and they are unhappy about the locked gate.

Volumiza
Posts: 74
Joined: Thu Oct 19, 2017 9:15 am

Re: Right of way by prescription

Post by Volumiza » Fri Feb 16, 2018 11:35 am

devilsbackbone wrote:Just had our first and very minor backlash this am.... I got two fingers over the garden hedge and a little foul language but no conversation or confrontation.

I'm guessing family know more about what is in there mums will than we do and they are not happy or and they are unhappy about the locked gate.
We regularly, almost daily get the 'V's or the finger from our neighbours amd sometimes much worse. Usually when I am sitting in my now private garden that they can no longer wander through. It's not nice for you but from your posts I assume they will probably want a quick sale and will be reluctant to enter into a lengthy and costly legal dispute with no guarantee of winning. Ride it out and you may end up with a nice private garden too!

Vol

devilsbackbone
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Re: Right of way by prescription

Post by devilsbackbone » Mon Mar 12, 2018 2:19 pm

Update.....

Visited the solicitor as requested to find that we had been left a little something and a letter of thanks written before she passed away.

House has gone up for sale although were guessing it's actually a tad early somehow as surely probate cannot of completed so early!?

Anyhow we know the house has been decluttered etc etc and we had a look at the description of the house online and theres no mention of any rights of ways for either property.

Not sure if this is a good or bad thing and we are pondering over what to do if anything.

We would be happier if the new owner bought knowing that we have a ROW through there garden before they bought / move in. I know i wouldn't be happy if i bought and then discovered this afterwards. However a potential buyer will probably question the gate in the hedge, or will they!?

Should we inform the estate agent that we think there is an important ommision in the properties description?

Volumiza
Posts: 74
Joined: Thu Oct 19, 2017 9:15 am

Re: Right of way by prescription

Post by Volumiza » Mon Mar 12, 2018 3:06 pm

devilsbackbone wrote:Update.....

Anyhow we know the house has been decluttered etc etc and we had a look at the description of the house online and theres no mention of any rights of ways for either property.

Not sure if this is a good or bad thing and we are pondering over what to do if anything.

We would be happier if the new owner bought knowing that we have a ROW through there garden before they bought / move in. I know i wouldn't be happy if i bought and then discovered this afterwards. However a potential buyer will probably question the gate in the hedge, or will they!?

Should we inform the estate agent that we think there is an important ommision in the properties description?
I'm not sure rights of way are normally put on the adverts for properties, not the best way to get people to view properties. We weren't told about ours until we went for a viewing. Plus, it should be fully disclosed on the sellers information form. If it isn't then the current owners would risk being sued.

At the end of the day your property has a ROW over your neighbours, while your neighbours property doesn't have a reserved ROW over yours. I'd get that entrance to the road blocked off now, get it sorted before you have to go through it with new neighbours.

Just my thoughts,
Vol

jonahinoz
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Re: Right of way by prescription

Post by jonahinoz » Tue Mar 13, 2018 6:30 am

House has gone up for sale although were guessing it's actually a tad early somehow as surely probate cannot of completed so early!?

Hi,

My father died. A friend (Registrar General of Shipping) had somebody working for him, who's husband worked in the Probate Office (or wherever). Her hubby said probate would take at least five weeks. This was circa 1992. My "old school" solicitor obtained probate in ten days. I first met him at a planning appeal ... he wiped the floor with the LA solicitor. I thought to myself - "I want this bloke working for me". I regret that my solicitor has since retired.

I'm guessing that there is nothing to prevent someone advertising a house in the circumstances you describe, but they won't be able to exchange contracts until all the legalities are done and dusted. Property cannot change ownership "on a handshake", the formalities must be followed. Even Ebay recognise that ... the winning bidder can change his mind without being frowned at by Ebay.

John W.

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