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Author Determining right of access
deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
30th Nov 13 at 18:50   View User's Profile U2U Member Reply With Quote

Went to see the following property which was in absolutely stunning condition. Parking is relatively convenient and the good condition means we are potentially willing to sacrifice the 2nd bedroom. Furthermore a bit of a rejig upstairs or downstairs extension could free up the bathroom for 2nd bedroom etc.

http://www.rightmove.co.uk/property-for-sale/property-44144408.html


The main issue however is I ride bikes and want a shed to store my bikes. At the moment there is no access to the garden.

However there is a 1m wide path that is behind the entire row of cottages at the bottom of the garden. This is apparently unused and has some weird model railway track in it. Each end property has blocked off the entrance to the path and the agent, who has sold most of the properties in the terrace has confirmed this is an unused path.

Where or how do I found out whether this path is in fact a "legal" right of way, meaning I should be able to gain access to my property using it, thus meaning each end of terrace owner has to provide access i.e. move their fence and instate a gate?

Title Plans are £3 on the Land Registry but I don't think this is going to show what I need.

Pop
Member

Registered: 8th May 03
Location: Reading
User status: Offline
30th Nov 13 at 19:30   View User's Profile U2U Member Reply With Quote

Can you get a copy of the deeds?

We own an end terrace with a path and I'm sure it's our deeds that state we need to maintain access.
Ian W
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Registered: 8th Nov 03
Location: Wirral, Merseyside
User status: Offline
30th Nov 13 at 19:43   View User's Profile U2U Member Reply With Quote

140k for a 1 bedroom

I couldn't of lived in my flat without my second room, always need somewhere to put your random shit.
John
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Registered: 30th Jun 03
User status: Offline
30th Nov 13 at 20:57   View User's Profile U2U Member Reply With Quote

No matter what the legality is, if you buy that and then try and force current owners to put gates in for you, I bet you'll regret it up until the day you can sell it on.
deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
30th Nov 13 at 21:02   View User's Profile U2U Member Reply With Quote

I did pay £3 for the title deeds or something.

They bought it for £88,000 in May 2013.

Might put a cheeky £110k offer in knowing that

So I need a copy of the deeds. Called easement I think?!
deano87
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Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
30th Nov 13 at 21:03   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by John
No matter what the legality is, if you buy that and then try and force current owners to put gates in for you, I bet you'll regret it up until the day you can sell it on.

I'd pay for gates if they had to allow access!
Ben G
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Registered: 12th Jan 07
Location: Essex
User status: Offline
30th Nov 13 at 22:43   View User's Profile U2U Member Reply With Quote

Must have been a complete shitter if they are able to achieve that much profit in 6 months. Certainly looks the part. Shame it's a 1 bed though.

With regards to access, i'm sure they'll allow access if you ask them. They wouldn't want the bother from solicitors, i'm sure.
deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
30th Nov 13 at 22:58   View User's Profile U2U Member Reply With Quote

I think they're chancing their arm at £140k.

Tempted to offer £125k and see what they say.
AndyKent
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Registered: 3rd Sep 05
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1st Dec 13 at 09:52   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ben G
With regards to access, i'm sure they'll allow access if you ask them.


I'm sure they won't

Who wants a gate at the end of their garden that anyone can wander in through.
Mans home is his castle and all that, even if it was free I wouldn't want some other owner fitting a gate into my garden.

Never going to happen, legal or otherwise.
Ben G
Member

Registered: 12th Jan 07
Location: Essex
User status: Offline
1st Dec 13 at 10:40   View User's Profile U2U Member Reply With Quote

If they've illegally blocked off access then they'll have to.

Theres no if's and but's. The deeds will show that.
AndyKent
Member

Registered: 3rd Sep 05
User status: Offline
1st Dec 13 at 11:08   View User's Profile U2U Member Reply With Quote

Seriously, you try organising that and see how easy you find it.

Arguments left right and centre.
Ben G
Member

Registered: 12th Jan 07
Location: Essex
User status: Offline
1st Dec 13 at 11:28   View User's Profile U2U Member Reply With Quote

Maybe so, if theres cunty neighbours.

In that case, don't move there. They'll be cunty whether you're nice to them or not.
deano87
Member

Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
User status: Offline
1st Dec 13 at 19:41   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ben G
If they've illegally blocked off access then they'll have to.

Theres no if's and but's. The deeds will show that.

Point I was trying to make. If over time they have restricted access and now that is accepted, if in the deeds I was rightfully allowed access and have bought the property. Guess what, I'd ask for access.

Doesn't really matter now. Won't even put an offer in. Not right and overpriced. Some numpty on Help to Buy will pay over the odds.

 
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