 | Home > Off Topic > House Buying - ROW Query |
 
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| Freypal Member Since: 23 Sep 2013 Location: Shropshire Posts: 271   
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I was hoping to canvas a bit of opinion here please...
We are in the process of buying a house and now the searches have come back they've thrown up a few issues, but the one of most concern to me is that on the council's Rights of Way map there appears to be a public footpath that runs through the neighbours extension, through "our" garden, then through the neighbours garden and out into a field. However, having looked at the house a few times and walked the local area there is no sign of this footpath. The house in question has a fully fenced in garden and there is no entry to the path on the roads abutting at either end of where the path should be. The path does also appear on the OS map, however this shows a slightly different route to the council map. The OS map appears to show it skirting the neighbours house and looping around the edge of "our" garden. Our solicitor has asked the Vendor's solicitor to clarify this and has said they will do some more digging with the council, however if it transpires that the council map is correct I'm thinking we will likely pull out of the sale (and loose approx £1,500 so far). It seems too much of a risk buying a property with what could be a contested ROW through it. Last thing I'd want is a knock on the door one day from the council demanding us taking down a fence and opening up the path. It's not a massive garden to begin with. If it was a larger parcel of land I'd have no issue with a ROW (I grew up in the countryside with rights of way across our land). I've inevitably read horror stories online with a quick google about legal challenges, costs and the ensuing nightmare of trying to sell the house on afterwards. We plan to stay there for around 5 years and the last thing we want is to be stuck with a house that's a nightmare to sell. Am I over reacting? Or is consensus in-line with mine? Thanks, |
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16th Nov 2018 3:47pm |
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| Freypal Member Since: 23 Sep 2013 Location: Shropshire Posts: 271
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Thanks for the feedback. It's a tricky one in that we do like the house a lot, but we didn't biew it as a long-long term house for us. It's complicated further by the fact that we are currently renting and will lose this rental house in 2 months time due to the owners returning. As such, the sale was falling into place at the right time and now this will throw it all into chaos. On this though i'm determined not to let time pressure force us into making a large financial mistake for the future...
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16th Nov 2018 4:07pm |
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| Grouse Member Since: 16 Apr 2012 Location: on the hill Posts: 521 |
If you want a quick free answer - contact the Rights of Way and Footpaths Officer at the local council, it may be it has been diverted / moved. He will have access to the Definitive ROW / Footpath Maps and should be able to tell you the legal status
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16th Nov 2018 4:12pm |
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| Freypal Member Since: 23 Sep 2013 Location: Shropshire Posts: 271
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Good shout that - i'll give it a go!
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16th Nov 2018 4:18pm |
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| discomog Member Since: 09 May 2015 Location: Notts/Lincs Border Posts: 2529 
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I agree with Grouse but in addition ask for a copy of the Definitive Map. They may charge you for it although some Councils have them on their website for download. Defender 90XS SW
Mini Countryman Cooper S Morgan Plus 8 |
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16th Nov 2018 4:21pm |
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| Cupboard Member Since: 21 Mar 2014 Location: Suffolk Posts: 2971 
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Don't be concerned about getting a different rental house for a bit if that makes sense.
I've done the maths with a really tedious spreadsheet based on my area and renting makes financial sense for anyone that moves more often than once every 40 years. That assumes interest rates stay at their current record low. There are advantages of buying, but there's only any point in buying if you make the most of them. |
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16th Nov 2018 4:47pm |
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| Freypal Member Since: 23 Sep 2013 Location: Shropshire Posts: 271
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Thanks all. In addition to the ROW issue there are a few other points which on their own we could deal with, but it's all seeming a bit much.
Turns out there is a restrictive covenant on the house from when it was built which we were not aware of. Not in itself that bad but a bit limiting. Then the other was that it's not on main drains which would be ok as growing up in the sticks I'm used to septic tanks. This however seems to be an odd setup where 9 houses share one treatment plant. They are all shareholders in a ltd company setup to manage it which they all pay into an account to cover costs etc. This actually seems a safer setup than informal arrangements but again it was another unknown which I feel could put off potential future buyers.... I will await replies from solicitors and hope for the best.... |
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16th Nov 2018 6:01pm |
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| Yatesy Member Since: 19 Jul 2018 Location: North West Posts: 72 
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So, it’s not on the main drains and there’s a footpath going past the back. Sounds like a really nice place. Nice enough to offset these worries maybe. The restrictions are a good thing, no chance of the neighbours making any dreadful alterations.
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16th Nov 2018 6:09pm |
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| gilarion Member Since: 05 Dec 2013 Location: Wales Posts: 5111  
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If its any help and a
 for rights of way past where you live as often they are no real concern.
I have a ROW that crosses my land, though not as you have in my back garden, though pretty close to the side of the cottage. I reckon I see about three or four people a year using it, they may be more who use it when I am not about. The few people I met walking it are always polite and often stop for a chat. If the ROW is rural I think you will find the only people using it are walkers enjoying a day out. However, saying that make sure it is not a ROW that locals use as a bit of a shortcut to somewhere as that can turn into a nightmare. For those who like Welsh Mountains and narrow boats have a look at my videos and photos at.. http://www.youtube.com/user/conwy1 |
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16th Nov 2018 7:04pm |
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| leeds Member Since: 28 Dec 2009 Location: West Yorkshire Posts: 8582
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My advice would be to start looking at historic OS maps and move forward to latest OS maps looking carefully for change of the footpath and compare them with the council map.
To change the route of a ROW requires a deviation order which takes a bit of getting through the legal process. The local ROW officer in the council should be aware of any deviations. Also dare I say it contact the RA and ask for details of their local ROW officer at Policy & Advocacy Support Officer, at policy@ramblers.org.uk or on 0203 961 3130 Brendan |
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16th Nov 2018 7:45pm |
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| Slideywindows Member Since: 09 Sep 2016 Location: North Essex Posts: 1283 
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Nightmare.
A public right of way exists until it is legally stopped or diverted, both are long-winded and quite expensive procedures. 25 years ago it cost me £900 to divert a cross-field footpath to the edge of the field - but only after the Tramplers Association had agreed. If a public footpath does exist through your garden, it means 24/7 legal access to literally anybody, even after dark. Doesn't matter if no-one seems to use it now, the fact is they can and you can't stop them. If it is there and you are not prepared, or your neighbours aren't prepared to go through a stopping or diverting procedure - walk away. How much hassle do you need in your life? If it isn't and you buy the house, take the time to get all record of it erased from all official records, so it doesn't come up again. You'll be glad you did when you come to sell. As for the septic tank, I avoid all joint arrangements involving other people like the plague. I have seen the endless arguments, and even litigation when you can't get everyone to agree, or to pay. Buy a house with as few covenants and complications as possible. Again, how much hassle do you need in your life? |
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16th Nov 2018 8:52pm |
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| bob neville Member Since: 30 Apr 2009 Location: Marbella Posts: 3248  
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A friend of ours sold his house this year that had a row going right past his kitchen window but it was never used.
He dropped his asking price by a vast amount because of this and still couldn’t sell. Eventually a solicitor purchased if, after another price drop, and they managed to get the row diverted after a lot of time and expense. Apparently it was not an easy task even for somebody in the legal profession. Having watched this all happen I think I would be very cautious and follow your solicitors advice. Bob 2015 Jaguar XE240 R Sport - goes like ....... !! 2013 Defender 90 CSW - sold 2009 Defender 110 Double Cab - sold 2001 TD5 90 CSW - offroad project - sold to a forum member 2011 Porsche Boxster - for the sunny days ! |
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16th Nov 2018 10:07pm |
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| jst Member Since: 14 Jan 2008 Location: Taunton Posts: 8051  
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Sister had a footpath past front of their house diverted, simple application and reasons, went through no problem with limit fuss or expense.
A shared drainage system is no problem if run correctly. We had shared treatment for foul water agreement with 4 others and shared water supply agreement with 6 different others, all worked no problem. Cheers James 110 2012 XS Utility 130 2011 M57 bespoke Camper 90 2010 Hardtop 90 M57 1988 Hardtop |
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17th Nov 2018 8:08am |
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| Freypal Member Since: 23 Sep 2013 Location: Shropshire Posts: 271
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Thanks for the feedback and suggestions all, very helpful! It seems opinion is split which I guess just means shifting it will be harder in the future.
I'll try and look through some more old OS maps. Online i could only find up to 1960 which pre dates the house being buily and the path is cleaely marked there followibg the route of the councils map. Ill also try and get a definitive legal answer from highways and solicitors. Hard to try and make rational decisions when so much rides on it under time and emotional pressures. |
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17th Nov 2018 9:30am |
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