Right of way

[Luckylad]

Hello 

My friend has a building plot that he's happy to seĺl to me , we're at the very early stage of negotiations.

It's next to his house, which was built in the 50's , he has right of way over his neighbours drive to his own house but would that extend to right of way to the new plot?

Thanks 

[Ferdinand]

If the building is part of the existing title and plot, then I think that that land should continue to benefit from the Right of Way it already enjoys that already exists, but you need to check properly with a relevant solicitor before you spend serious time or money.

 

There may be separate planning or policy restrictions eg access for fire engines, width of driveway to an extra house etc.

 

Ferdinand

 

 

Edited February 14, 2018 by Ferdinand

[lizzie]

Check with the lawyer. ROW can often be restricted to just the existing property and so a new one would not enjoy the same rights.....without negotiation with landowner and no doubt a good few £££’s changing hands.

[Ferdinand]

@Luckylad

 

Also, buying from friends mutual clarity of communication and understanding, and equitable outcomes, is *really* *really* important; it is so easy to put a spanner in your friendship by mistake - one misunderstanding and offence that does not feel able to be mentioned and one party may just let the friendship drift.

 

Edited February 14, 2018 by Ferdinand

[Luckylad]

Hi

Thanks for the advice,I fully appreciate what you say about the friendship,we were best men at each other’s weddings and I’ve known him for nearly 40 years! 

Unfortunately the landowner is a property developer who I’ve done work for in the past.

  I’ll get a lawyer to look into my friends  existing ROW and the implications of any new ROW to the new plot.

[Ferdinand]

Best of luck.

[Miek]

1 hour ago, Ferdinand said:

@Luckylad

 

Also, buying from friends mutual clarity of communication and understanding, and equitable outcomes, is *really* *really* important; it is so easy to put a spanner in your friendship by mistake - one misunderstanding and offence that does not feel able to be mentioned and one party may just let the friendship drift.

 

+1 to this. 

[ProDave]

The devil will be in the detail of the exact wording of the right of access.

 

Is there no other access possible?

[Luckylad]

It’ll be interesting to find out, I wonder how detailed it will be and whether that will work for or against me.

There is a house on the other side which could give access . I know the owner is looking to sell in the near future but wants about £600,000,