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legal right of way 
PostPosted: Sun Feb 26, 2006 8:18 pm Reply with quote
suehug
Joined: 08 Aug 2004
Posts: 46
hi all-a year ago today we were in meeru but have forsaken a holiday for the forseeable future in order to buy our dream property.

we are in the process of selling our present property and buying a bungalow in a small village by the sea. it has always been a dream of ours

on friday we recieved information from our solicitor which has worried us greatly and as we can not gain an appointment until this friday we are hoping someone could give their thoughts on this situation.

the property is last in a terrace of 3. both end properties have driveways which give access to the rear but the middle one, on the western boundary, apparently has a 'legal right of way' through our back garden via an existing pathway to gain acces to the road.

the sellers have stated that in practice the elderly neighbour uses this weekly to take her bin out.

the title document states that there is no obligation for the property on the western boundary to contribute to the repair and maintenance of the pathway.

the solicitor also states that it cannot be guaranteed that it will only be used for the purpoese of the bin but could also be used to gain access to the rear to come through with bicycles, furniture etc.

sorry for a long post which is so far off the meeru subject-but i know you lot are so helpful.
thoughts/advice would be extremely welcome?

to think that this time last year we were in the sun with nothing more to worry about than which cocktail to try!
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PostPosted: Sun Feb 26, 2006 11:07 pm Reply with quote
maggie
Joined: 28 Sep 2005
Posts: 4842
Location: northwest uk
this one to me would pose a thought as to the future......neighbours don't allways stay the same........and if they are elderly? won't remain the same......... right now the elderly lady has little need of anything other than her bin to be taken out........a young family. or a family with teenagers would have diferent needs.....wants. they may have bikes.....motor bikes.......prams......all kinds of things......and if they have right of way there might be nothing that you can do about it.

and with all of the will in the world..... not all people are as thoughtful as you yourself might be.

just throwing the subject open

hope it helps

maggie Wink

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PostPosted: Mon Feb 27, 2006 10:27 am Reply with quote
gayle&chris
Joined: 31 Jan 2006
Posts: 229
Location: ashton under lyne
I'm with Maggie on this one, my concern would be for the future implications.

I would re-read it and list your questions for your meeting on Friday, no matter how small. It's your dream and you've got to be 100%, any doubts and it's a no no. Hope it all works out for you, keeping my fingers crossed.

G.x. Smile
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PostPosted: Mon Feb 27, 2006 11:17 am Reply with quote
suehug
Joined: 08 Aug 2004
Posts: 46
thanks so much folks for all your thoughts
have thought about the situation with a new family but what makes it appear maybe not to be so bad is that it is only a small 2 bed bungalow next door so we are hoping that would sort of define the people likely to buy.
granny on a motorbike!
thanks again x
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PostPosted: Mon Feb 27, 2006 12:21 pm Reply with quote
tezmoy
Joined: 08 Mar 2005
Posts: 932
Location: Falkirk, Scotland
Hope it works out for you and you manage to secure you dream home. This kind of arrangement tends to work very well as long as your neighbours are reasonable people!!!

Good Luck.

Moira

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legal right of way 
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