HI SOOB

Need some advice regarding an issue we have with our house and neighbours.

We are in an end terraced house, approx 120+ years old.
back in the old days there was a passage which ran between our house and the one next to it.
Its roofed over, etc and had a door on each end now, but it used to be the access to the drying area an toilets.
if you can picture this, the plot of land we are on is rectangular and or house is at the bottom of it with the access off the street.
The "lobby" is on our "rectangle", if you like.
the lobby give
We need to go into the "lobby" to gain access to our house.
The neighbour only uses the bin out once a week.
but we are now wanting to expand our house and really need the "lobby" area to fit a staircase to gain access to an upper level.

I am unsure if there is anyway that these rights can be writen out of the deeds after X amount of years??
I dont know if i can buy him out or what.
The other point is that the "right of way" or Access is in need of repairs.
it requires the flagstone floor lifting and a concrete solum?? put down. The walls are crumbling or atleast the plaster is coming off them , both doors are old and knackered and the roof above the access is leaking and causing damage to the roof again. I already put up a new plasterboard roof about three years ago cause it fell down, I paid for that!!

So where do i stand??
If he wont let me sign the rights over to my deeds what do I do??
IN that case can I make him pay half the cost of the repairs to the hall, how do I go about this,
And who pays for the leaking roof that is above the Access??

any advice would be brilliant

Jamie

Freak

If you have had had exclusive access to it, unchallenged, for 12 years or more it would legally be yours and you can make a statutory declaration saying as such (had to go through this recently with our pikey neighbour)
However, it sounds as if you both still have access to it- so possibly your only option is to buy him out.

Check your deeds carefully for where it says about it- whether it is deemed as joint ownership, or whether one has sole ownership but the other has legal right of passage in it.

Keep it civil and you may be able to come to a compromise

HI SOOB

Cheers

||VaNDaL||

sorry sir but, this isn't strictly true - it is used weekly for access (bins) but your neighbour could even make a claim from you for blocking their access as this style of terraced house is fairly natonwide in it's spec. i have experience of an access passage every 5 houses and the houses by the passage having access right the way across the property at rear and even though not used for anything up to 40 years if you block or impede access you can be in effect Breaking the law even if it is your property on the deeds.

better to redraw your plans than to find that you extend and build only to find that you have to demolish and compensate a neighbour later.

chris's scooby

Speak to the neighbour, he may be willing to give up his right of way for a price.

Freak

you missed out the vital line from my quote