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after a bit of wisdom from the hive mind
looking at buying a terrace house, classic terrace set up of 4 houses using the same gennel / ginnel / snicket / back passage (ooh matron) / alley way - delete as regionally appropriate - to gain access to the rear of the properties.
this house would be immediately next to the gennel, therefore there will be some right of access for the neighbour next to me to cross through my garden / yard to access the rear of their property - no issue with that. this currently runs directly past the back door
what im not sure on (and cant find any definitive answer on) is can you move the line or route of this right of access?
Thinking about in a few years time of potentially building a small single storey extension to extend kitchen. obviously I would still need to provide a right of acess to the neighbour to the gennel. however to do this it would change the line of access from immediately behind the houses to about a third of the way down the garden. not an issue for me, but means different entry point into garden for neighbour.
obviously first course of action would be to have a chat with neighbour about it, but do you need their legal permission to change the route of the access or is it just a case of as long you are providing access it's not a problem?
hope that makes sense?
but do you need their legal permission to change the route of the access or is it just a case of as long you are providing access it’s not a problem?
Of course you need legal permission !
Well you need to look at the deeds to see where the legal boundaries are etc. I doubt however with it being shared you stand a cat in hells chance of getting planning which means they have to change their access.
You could of course ask them to sell access to you.
All a bit pie in the sky until you have seen plans and boundary, but I would say its going to be a no on all counts
Should be on the deeds to both properties, it might be a specific path across your property or it might be general access. If not, have a chat with your potential new neighbour - they might have plans themselves. Otherwise, it's what you will be paying the conveyancing solicitor for.
this currently runs directly past the back door
Are the deeds actually that specific and give a defined route for the access? If not then as long as you provide an access route it should be fine
heard of a ginnel, but not a gennel
I live in a terrace, similar to as you describe OP.
Each house has had an extension, the path just moves further out.
I'm sure it's a bit more complicated but crack on.
Any other terraces in the area have an extension? Perhaps pick their brains.
I doubt however with it being shared you stand a cat in hells chance of getting planning which means they have to change their access.
It's not shared though? From what the OP has said the neighbour just has a right of access over the OPs land. The neighbour doesn't own or part own the land the access is on.
Planning won't be an issue (you can get planning permission to build on land you don't even own) but just because you have planning permission doesn't mean you have a right to build. When my neighbours wanted to change some access that I have (long story) the process was that each of us would get lawyers to go through all the legal stuff to change the deeds and as they wanted the change for their benefit they would pay both bills. In this case "they" would be you. I'm in Scotland but I'd imagine that the process would be similar, provided your neighbours agree.
Thanks for the input so far
anyway of checking the right of access (ie specific route vs general access) before getting into conveyancing and checking deeds? I’m guessing not
Don’t really want the first conversation with potential new neighbour to be along the lines of “hi potential new neighbour, do you mind if i reorganise access to your garden an build an extension!”
there is a precedent as others on the row have done it so could ask them I guess. Ultimately the decision to buy Isnt based on if I can extend or not, but it would be nice to know if possible
anyway of checking the right of access (ie specific route vs general access) before getting into conveyancing and checking deeds? I’m guessing not
Guess again
https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do
You can download title deeds and plan for a small fee.
I bought a flat with shared access to the back alley - it was marked in blue on the downloadable plan.
Don’t really want the first conversation with potential new neighbour to be along the lines of “hi potential new neighbour, do you mind if i reorganise access to your garden an build an extension!”
Well you might not want to make that your first conversation, an invitation to have some beer/wine might be an idea, but that's about what you should do.
As said before right to access =/= shared ownership of access.
Check your deeds is definitely the first step, after that it's down to you being a good neighbour and making sure any access is good and your neighbour isn't inconvenienced. I mean, you could not, but then you would just be an arse.
All the shared access paths on my terrace are owned by the Duke of Bedford. One sold recently and the sellers ended up having to apply for adverse possession as their extension had been built over the dukes land some 30yrs earlier and the paperwork never sorted out.