Right of way

A question about : Right of way

Hi,

I've bought a terraced property where I own a hallway with access to both my door and the door of a rented property, our deed says we must provide right of way to the other property. The outside entrance door and general hallway are in poor condition and I need to replace the door and flooring.

My neighbours have said it is standard for both properties to share the cost on things like replacing the door. I have emailed next doors landlord who has not replied to any correspondence more than once.

I've been told it is our right to replace the door and charge the landlord for each key to cover the cost of maintenance, as long as we provide him with 1 key to guarantee he has right of way.

Can anyone please offer any advice here?

Best answers:

• You need to loook out (and quote here) the precise terms of the ROW and any obligations on you/liabilities on the other property owner.
  The tenancy is a red herring. Download the title for the property and find the owner. The Title for next door will also help with their responsibilities/rights.
• Sounds like you own it and they have right of access.
  I have a pathway to my semi house same situation I OWN THE PATH but neighbor has full use of it. I am responsible for all repairs and costs.
• Especially given the adjoining property is owned by the landlord, neither him he or his tennants will not take any care over the upkeep door and flooring and a well maintained hallways is good for him being able to rent his property.
  We believe we only have to provide 1 key to meet our responsibility to give right of access? Anything more do we not have a right to claim for a contribution to the cost of wear and tear by him/his tennants? The only way we can do this is charging for additional keys as he looks unwilling to contribute.
• I would think you are in a very similar position to private roads. In the case of those it varies from road to road as to whether home-owners living in those roads do or don't have to pay towards the upkeep of the road.
  If they DO have to pay, then it will be down in the original Deeds and/or modern day Title Plan.
  If there is no mention of other household/s having to pay towards maintenance then that means they don't have to.
  So, check your Deeds/Title Plan and see what that says about whether the other house has to pay or no. If it is silent on that, then they don't.
• It is pointless speculating.
  Quote:
• Even if the landlord is responsible to contribute to maintenance, what is the rule around the timing of it? What if he decides that it doesn't need replacing yet, or he just doesn't have the money at this time, so will only agree to it in say 6 months' time?
• I'm looking at the Land Registry title, I can see the map that shows the hallway within our boundary, but can't find where it says about right of way for the other property.
  Any ideas where on this or what document I'd find this?
  We can get a controlled key, provide one but want to make sure we are within our right to charge for more keys to cover the cost of replacing the door/flooring. This isn't a money grab, we don't mind about the electricity/minor maintenance costs, it's purely to recoup part of the cost of the big things.
• It is likely to be on both Titles (perhaps with delineation on the Plans), soa sadvised back in post 2 above, get the neighbor's Tile.
  However the full ROW may be scoecified on another document (a Deed or Conveyance from years ago. If so, in many cases the LR Title will refer briefly to that document.
• and stop talking aout the 'landlord'.
  The 'landlord' may or may not be the owner. It is the owner who has the ROW (if anyone), though that ROW may devolve down to any tenant, sub-tenant etc.
  Did your solicitor say they have a ROW, ot write it? Dig out the correspondance and find the letter. It probably explains whyere the ROW originates
• Managed to speak with our solicitor and there is no written mentioning of 'right of way' on our deed...