Right of way at house

D

dingdong

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Hi

I have gone sale agreed on a semi detached house, with lane with gate at rear of property, running along backs of 2 gardens.

So background is number 10( House we are purchasing) & 10a ( next door), were orginally 1 house. Built in 1940s - split in the 1960s.

I am told by the seller, the lane and garage belongs to 10, but 10a has got back pedestrian gate out onto lane.

The next door is contesting right of way, but no title documents are found , but they are claiming they are using the lane for 50 years.

So how can we ensure they only have pedestrian access and not vehicle access.

Any ideas
 
Depends on the facts. If your neighbours have been bringing vehicles in there for over 20 years you will not be able to prevent them now.
 
I would run a mile from purchasing this house! Before you even move in you're going to be on bad terms with your neighbour, no matter how great the house I just wouldn't bother, there are plenty more houses out there.
 
The EA is talking about a declaration from sellers ,"essentially stating they own the lane and gate and garge" what does this mean legally?
 
nothing and won't stop a legal case that is already brewing. do not take any legal advice from an EA!
 
Again .... only your solicitor can get to the bottom of the legal quagmire here.

Rights of way .... ever in the news:

[broken link removed]
 
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Agree with Dereko1969....run a mile. Let the current Vendors sort this mess out. This could potentially be a huge legal cost on you, that you really don't need. Walk away, plenty of other houses out there
 
The EA is talking about a declaration from sellers ,"essentially stating they own the lane and gate and garge" what does this mean legally?
Click to expand...

I assume that nobody is disputing that the seller owns the property? All the next door neighbour is claiming is a right of way, not ownership. Dont see how this declaration helps as all it does is confirm something that is not in dispute.
 
thanks for feedback, so as long as i own the laneway i will proceed.

I would be willing to conceed a right of way, and give them keys to the gate - but does that mean they can park their car on it?

I would,nt mind if they used it infrequently
 
the saying ... 'give an inch and they'll take a mile' comes to mind.

The whole thing needs to be 100% sorted legally or it WILL cause you trouble later on.

The only person who'll safe guard your interests is your solicitor.
 
Or you could insist that the vendor buys out the right of way or an alternative access is agreed which does not come across the property (may involve transfer of land to provide it).
 
Have a good long chat with your solicitor - it may well be that this is not the property for you.

The declaration "essentially stating they own the lane and gate and garage" could well be a declaration as to long user - i.e. they have no paper title to the lane and garage, and it would be up to your to rectify it (not particularly easy since you won't know the full facts).

In the booming property market people would buy things like this - now I wouldn't touch it, or at the very least I'd insist on title being fully in order and registered as being part of the contract.
 
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