Rights of Way

[ney001]

Hi Guys

Just looking for some advice. We are finally due to close on our house which had a lot of issues – all of these have been sorted out except for one. Basically, our driveway is quite wide with driveway gates at the end, however just inside the gates there is another gate leading onto a little plot of land which belongs to a neighbour (this is a long narrow piece of land which leads to a field at the rear of the neighbours house - not enough room for a house). Anyway, this gate has not been in use for a number of years and is overgrown etc, it is however a right of way – I know that a right of way cannot be changed but can we perhaps put a fence across it or a wall because it hasn’t been in use? When we first view the property the vendor said we should just put up a fence. What are our options here, do we just have to take the risk that it won’t be used?. I would appreciate help on this one as it is the last query we have on the house.

 

[money man]

As far as i know you cannot build over or block in any way a right of way. the seller will tell you it leads to heaven for all he cares. The reality is different however. This right of way will always affect the property. Why not ask the neighbour if he would sell it to you as you have kids or some rubbish like that (so he wont think that its worth a fortune) he may consider this if it is overgrown and has not been used. if you were able to agree to buy it it might significantly increase the value of the house you may be purchasing.

 

[Superman]

You can put a wall across it - but the owner of the right of way can make you take it down.

Considering that the way is overgrown, that might not happen for quite some time.

Do consider trying to buy it off him though - is there any possibility that a house could be built in his field behind?

 

[ney001]

This strip of land is essentially the neighbour's side garden except that he has a wall built between it and his house, the remaining garden is at the rear of the house, he is currently using it to store hay in I think. According to vendor he doesn't want to sell this bit of land, there isn't enough room for a house but my concern is that it could 1) be used as a driveway to a house which could technically be built at the rear of the neighbour's house and 2) be used to move cattle in and around the place - he as a cattle shed behind his house with seperate access but he might decided to use this gateway. According to the vendor I shouldn't worry about this as there is great goodwill with this neighbour - but you can't bank goodwill and this neighbour might take an instant dislike to us who knows? (vendor would say mass) So if we can't buy it but you couldn't build on it - is it worth the risk?