Right of way

[S J H]

We have a track that the neighbour has right of way over. They’ve sold part of the land and right of way, so I have to sign the changeover. I’ll get it checked over with a solicitor, but do I have to take the cost, or is it usually expected for one of the other parties to pay our costs?

Thanks in advance.

 

[7610 super q]

I don't see why you should pay anything, you're not the vendor, nor the buyer. I'd be buggered to sign anything either. But that's just me, and my advice is worth bugger all.

 

[Dry Rot]

^^^^^ this. What are they wanting you to agree to? Let your solicitor handle it -- at their cost. And don't agree to anything you aren't happy with.

 

[farmerm]

If its an ROW for agricultural purposes watch they their solicitors don't try sneak in a change of use. I would agree with super q. As neither vendor or buyer I can not see how any costs relating to this land transaction should fall on you.

 

[carpenter1]

They should pay not you.
They should also pay your time you spend on this.

 

[teslacoils]

I expect you will have to pay. Presuming they are not altering the row, and as stated you are not the buyer or seller - just required to assent to it.

 

[S J H]

Glad I’m not the only bitter and twisted one around ?

Thank you everyone, much appreciated. Will ask the solicitor who will foot the bill.

 

[curlietailz]

Here’s my two pennorth worth. I’m not an advisor but....
If your neighbour has agricultural ROW Over your land check on your deeds if this is assignable. Ie does the ROW go with his land or him directly

if it’s with the land then you won’t need to sign anything as the neighbour has the right to assign
If it’s with the neighbour then it’s up to you wether to let anyone else have it and I’d suggest ££££ should be exchanged
Either way you need someone else to pay your costs regardless

 

[S J H]

If its an ROW for agricultural purposes watch they their solicitors don't try sneak in a change of use. I would agree with super q. As neither vendor or buyer I can not see how any costs relating to this land transaction should fall on you.

They have all purpose at the moment, but I see what you mean. They keep trying to push to change things to make it more ‘house’ hence being suspicious.

 

[S J H]

Here’s my two pennorth worth. I’m not an advisor but....
If your neighbour has agricultural ROW Over your land check on your deeds if this is assignable. Ie does the ROW go with his land or him directly

if it’s with the land then you won’t need to sign anything as the neighbour has the right to assign
If it’s with the neighbour then it’s up to you wether to let anyone else have it and I’d suggest ££££ should be exchanged
Either way you need someone else to pay your costs regardless

I think they have the right to change ownership from the deeds but will double check with another solicitor, but you’re right, it’s a bit of minefield.

 

[S J H]

^^^^^ this. What are they wanting you to agree to? Let your solicitor handle it -- at their cost. And don't agree to anything you aren't happy with.

To pass the right of way over to the new owner, I don’t know how it works, but It must be fairly common.

 

[Dry Rot]

To pass the right of way over to the new owner, I don’t know how it works, but It must be fairly common.

Be careful. A right of way for A to travel to his house over the land of B is just that. Then A sells a building plot, does that give C who has bought the plot and built a house the same right to the ROW over B's land?

C now opens a caravan park (or opens a quarry, fishing ponds, whetever) attracting a lot of people to his site who use your road. Who pays for maintenance? Rights of way can be very valuable which, if it were my land and someone was anxious to get my name on a piece of paper, I would be looking into that agreement with a magnifying glass! Ideally, you need a land agent and a condition would be that your neighbour pays all legal fees and incidental expenses.

The ROW at the moment is probably for it's existing use only. Change that use and the ROW changes possibly to your benefit, unless you sign it away.

 

[Ukjay]

Hang on a minute, is he selling land and relinquishing his row as part, or is he asking you to allow this other person a row, as that is entirely different?

 

[S J H]

Hang on a minute, is he selling land and relinquishing his row as part, or is he asking you to allow this other person a row, as that is entirely different?

Handing his ROW to the new owner

 

[ollie989898]

I agree with what has been posted, there are some unscrupulous folk out there and the ££££'s are a big motivator to do nefarious things.

 

[curlietailz]

.

 

[S J H]

I agree with what has been posted, there are some unscrupulous folk out there and the ££££'s are a big motivator to do nefarious things.

I’ve had it from 3 ways with the previous owner, new owner and his solicitor who I already know, all trying to push, and of course they’re all doing it for my benefit. Can seriously wind you up if you let it.

 

[Extreme Optimist]

I would say the ROW goes with the property and probably shouldn't need to involve you legally however, if there is a change of use or a new property and you own the ROW (the other party just has right of access) then as I understand it, you are entitled to a significant payment. Have you got a friendly Land Agent?

 

[curlietailz]

I would say the ROW goes with the property and probably shouldn't need to involve you legally however, if there is a change of use or a new property and you own the ROW (the other party just has right of access) then as I understand it, you are entitled to a significant payment. Have you got a friendly Land Agent?

Get an independent land agent NOW
If all 3 on the other side are pushing you
They want what you have got
That will cost the £££££
Because I’m sure it will probably devalue your property
Get professional advice ..... ring a GOOD land agent in the morning

 

[Still Farming]

Don't sign or agree to anything