Right of access - How to buy it???

If he never uses it it should be possible if he doesn't object..

The legal fees will dwarf the transaction fees.

It's not so much a minefield as a barbed wire entanglement.

It shouldn't be anything more than a matter of going to be a matter of agreeing a price and going to your solicitor and organising for the deeds / Land Registry entry to be amended. Probably your neighbour will want his own solicitor to check things, so you'd need to pay for that too.

I imagine the toughest part will be the price... Why does you neigbour actually have the right of access: is it historical, or does he need it / use it for some reason? If it's the former, and you get on well with him, he'd probably let it go pretty cheaply, but if it's the latter, and you aren't on good terms, he could hold you to ransom over it, couldn't he? Really, the value of it is as much as you're prepared to offer in order to secure your extension.

Would it be possible to "reroute" the right of access beyond the new extension?

David

And for your neighbour to notify/ask the mortgage company if applicable Robert

In message , snipped-for-privacy@yahoo.co.uk writes

Probably no help at all (?!) as it's a bit different, but 7 years ago we paid £4k for vehicular and pedestrian access rights from the bottom of our garden onto a privately owned lane.

Val

My first thought upon reading your posting was why has the neighbour got a right of access across your property and does he use it. Does he know about it. Before you start all the legal bumf, I would ask your neighbour about it first. You certainly don't want to cause any upset legally if you can both talk about it first and both agree to the sale in principle. The you could both start the legal band wagon rolling.

I`ve done it in Scotland which will be different from English law I suppose.It did not cost much considering lawyer charges =A3120/hr.I can`t remember what the procedure is called but it`s an add on to the deeds which is signed by both parties. I paid other persons legal cost as well and total bill was under =A31000.

Can you tell us a bit more about why the right of way is there? The present neighbour may not use it but that does not mean that future owners might not want to. It certainly not a job to DIY the legal side. It would be normal for you to pay the neighbour's reasonable legal costs as well as your own.

Peter Crosland

snipped-for-privacy@yahoo.co.uk

Google for 'dominant tenement' & 'Easement'

Don.