Neighbour Building Over a Right of Way? Could It Affect Your Sale?

A neighbour building over a right of way can raise an uncomfortable question: could the work affect your ability to sell your home? You may rarely use the route or space concerned. You may also want to preserve good relations. But before agreeing to anything, you need to establish what rights actually exist and what the proposed work would affect.

An account shared by an English homeowner illustrates why checking the complete title history matters. The initial concern appeared serious. The owner’s subsequent update described a much more reassuring position after specialist advice.

An old deed, a bin store and proposed building work

The homeowner described old deeds referring to access to a space, with later wording concerning its use as a bin store. New neighbours had acquired the adjoining property and proposed works affecting that area.

The owner was worried about the speed of the works and the implications for a future sale. They did not particularly want to use the space, but wondered whether allowing the work or giving up access could leave a problem for a subsequent buyer.

The purchase conveyancer did not handle disputes, so the owner sought specialist advice. In a later update, they reported being told that the position had been resolved historically and was not expected to prevent a future sale, although the paperwork was confusing.

That is the owner’s account of the advice received, rather than a verified legal finding. The underlying deeds and advice are not available here. It nevertheless illustrates a useful point: an extract from an old deed may raise a question without providing the complete answer.

Does the right of way still exist?

Start with the documents, rather than the assumption that either neighbour must be right.

Ask your solicitor to establish:

• Which property benefits from the claimed right?
• Which land does the route or space cross?
• What does the original wording permit?
• Does it cover access, use of a storage area, or both?
• Are there later deeds, releases or variations?
• What do the current registers and filed documents show?
• Would the proposed works interfere with an existing right?

A right to reach a bin store is not necessarily the same as a right to drive across a garden or park on adjoining land. The wording and plans need to be examined together.

For the wider title and mortgage issues, read our main guide to missing easements and historical mortgage lender requirements. It explains why the physical use of land and the legal right to use it are separate questions.

Does not using a right of way mean it has ended?

Not automatically. HM Land Registry’s guidance explains that abandonment requires more than simply stopping use. The circumstances must demonstrate an intention that the right will not be exercised or passed on. Non-use may have another explanation, including that the right was not needed.

An overgrown route or an unused bin store should therefore prompt investigation, rather than an automatic conclusion that the right has disappeared. See HM Land Registry’s guidance on extinguishment and abandonment of easements.

Could the access question affect a future sale?

It may generate enquiries, but a sale is not automatically prevented.

A buyer’s conveyancer may want to understand whether the advertised facilities are available, whether access is disputed and whether the documents match the physical arrangement.

The practical importance also varies. Access to the only entrance is a different concern from a right to use an additional storage area. Your solicitor should identify what the property needs and what the documents actually provide.

The account above did not end with a reported failed sale or mortgage refusal. It ended with the owner reporting reassurance after a review of the documents. That outcome is a reason to investigate early, rather than assume the worst.

Should you agree to give up the right?

Take advice before agreeing to a release or variation. Ask what you would lose, whether an alternative arrangement is needed and how the change would be recorded.

HM Land Registry’s guidance on deeds of release identifies interested parties who must join in or consent, including the mortgage lender of the benefiting property. Where other properties benefit, their rights also need separate consideration.

Ask your solicitor to explain the proposed document, necessary consents and registration steps before signing. A wish to avoid a disagreement does not answer those questions.

What should you do if building work is imminent?

Tell a solicitor who handles property disputes when the work is due to begin. Explain the proposed changes and ask whether urgent action is appropriate. Do not assume that a routine consultation booked for a later date will address an immediate concern.

Prepare a concise evidence pack:

• Your title register, title plan and relevant deeds.
• Any documents dealing with the adjoining land or later changes to the rights.
• Photographs showing the route or space before the works.
• The neighbour’s description or plans for the proposed work.
• Messages and a dated record of discussions.
• Your original Report on Title and purchase correspondence.

The objective is to obtain advice on the actual right and proposed interference. Avoid making admissions, signing a release or promising not to object before that advice is available.

What were you told when you bought?

A later access question can also make the original purchase papers worth reviewing.

Did the Report on Title explain the route or storage area? Were the relevant plans supplied? Was any uncertainty about the documents identified? Did you understand whether the right was important to the property?

A disagreement arising after purchase does not, by itself, establish that the original conveyancer made a mistake. The issue may concern new works, later conduct or documents that require further interpretation.

When I Bought’s access-rights guide explains why the title, purchase records and advice received may matter when a problem surfaces during ownership, sale or remortgage.

Clarify the right before deciding what to do

The useful starting point is a precise question: what right exists now, and would the proposed work interfere with it?

Once that is established, you can obtain advice about preserving the right, documenting an agreed change or explaining the position to a future buyer. The homeowner’s reported outcome shows why the complete history can matter more than the first alarming reading of an old deed.

This article concerns property in England and Wales. The homeowner example is based on an unverified public account and its subsequent update. It provides general information, not advice on a particular title or dispute. If works are imminent, seek prompt advice from a solicitor who handles property disputes.