ROW Neighbour Query

ROW Neighbour Query

Postby HouseofGoldandBones » Wed Jan 31, 2018 7:41 pm

Hi, hope you can assist.

I've been looking through the boards, but I'm still not 100% sure where I stand.

We bought our house recently, and were aware that there had been "discussions" between previous owners of our property & neighbours regarding a strip of land that runs between the 2 houses. Neighbour's asked previous owners of our property if they could use this path to take bins in & out (otherwise they have to do so through the house) as they believed it had become a right of way due to the timescale previous owner of their property had used it. Previous owners of our property disagreed - Solicitors were involved, and it was left that neighbours could not prove a right of way & were prevented from using it by our neighbours boarding up neighbours gate which leads onto the path & installing 2 locked gates (so even if neighbours removed the boarding they wouldn't be able to get down the path.

Neighbour came to us & asked if we would be amenable to them using the lane to take their bins in & out. I want to be nice, so I spoke with solicitor & he advised (in a quick phone call) that I should give them written permission to do so stating 3 things (that permission could be withdrawn at any time, they were using at their own risk & it was only for them to move bins). Apparently if I have to give them permission they cannot claim that it has become a right of way by their using it for a long period. Can anyone confirm this?

Also, I advised neighbours that if we were to do this, we would have to have another gate installed in our garden to keep it secure & they would have to pay for this. They are now not sure if they want to pay for this, so if they are not willing to pay, I'm not willing to give them access. Can I do this?

I'm in Scotland, if that makes a difference
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Re: ROW Neighbour Query

Postby despair » Wed Jan 31, 2018 10:21 pm

Certainly in England the advice given by your solicitor is correct
A written permission spelling out the terms of use will negate any chance of them claiming prescriptive rights
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Re: ROW Neighbour Query

Postby MacadamB53 » Wed Jan 31, 2018 11:09 pm

despair wrote:Certainly in England the advice given by your solicitor is correct
A written permission spelling out the terms of use will negate any chance of them claiming prescriptive rights
...unless the property has already acquired one through +20 years use as of right

this isn’t necessarily the case in Scotland, though, so you might be better off posting on a forum that concerns Scottish law.

kind regards, Mac
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Re: ROW Neighbour Query

Postby Collaborate » Thu Feb 01, 2018 8:20 am

Always take the advice of your solicitor. No need to second guess them by posting on an anonymous message board.

The only thing I would add is that you not only write to your neighbour, but also get them to sign a copy by way of acceptance.
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Re: ROW Neighbour Query

Postby stufe35 » Thu Feb 01, 2018 9:35 am

The only problem with collaborates post is you must ensure you are talking to a solicitor who knows what he or she is talking about. You only have to look at all the easements that people have trouble with because they are badly worded and ill thought out to know that just because they are a solicitor doesn't mean they are necessarily good at their jobs. They all have areas of expertise so make sure you get one who is an expert in the area required.

For years they got away with being incompetent because the public just accept what they say as they are the 'experts'. Only with the power of the internet and forums like this has it become possible to verify what they are telling you cheaply, rather than pay yet another solicitor 3 days of your wages per hour for them to check it.
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