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Whats our access worth

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lampgb | 19:12 Fri 28th Oct 2011 | Law
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Out next door neighbour has built a new house on part of their garden. The new house is connected to their driveway over which we have access to our property making it 3 way instead of 2 way access. Over the past 15 years we have experienced unpleasant spats with them over our access rights. They have tried in various ways to get us to give up our right of access. They are now trying to sell one of the two properties. Their failure to do so is, we think, due to the complicated access arrangements. They have contacted us with an offer of to purchase our right of way but in return they want us to give them a strip of our garden which will be up to 7 metres at one point, so that they can split the driveway in such a way as to give exclusive access to each of their two properties. We have no intention of excepting such a deal but we are interested to find out how much the access right is worth. They stand to make from the sale of the two properties.
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In a case like this it is impossible to say. the access is worth as little or as much as they are willing to pay and you are willing to accept. It has no open market value as no-one else would want to buy it.
21:23 Fri 28th Oct 2011
How much are they asking for the house?
don't even go there....
In a case like this it is impossible to say. the access is worth as little or as much as they are willing to pay and you are willing to accept. It has no open market value as no-one else would want to buy it.
Its not only the value of the right of access, but also the value of the garden they wish to acquire. I would say its a sellers market here and depending on how desperate they are to do a deal , you hold all the cards. Especially when your not interested in their proposition.
Refer it to your solicitor, don't hang about - a stiff legal letter saying you're not interested in selling should make it clear to them.
maclaren cat is quite right. It's worth what they are willing to pay and what you are willing to accept.
Maclarencat's answer is spot-on. The value of the garden land (as per sallybb's answer) is irrelevant.
They have an asset they wish to dispose of which is potentially worthless unless the property has a legal right of access to pass/repass.
Unless you are experienced in these matters, you should be dealing through a solicitor to get this right. A solicitor would necessarily have much of a clue as to the value of the access rights. A simple answer is 'as much as you can negotiate', but in reality perhaps start at 35% of the seelling price of the property and see what happens from there.
Do not lose sight of the fact that you may have to live next to these people for some time to come and they might become difficult neighbours. Depends how thick-skinned you are to such matters.
its only worth what someone is willing to pay. but what the house is worth with and without the extra land is your starting point.
I think 15 years of unpleasant spats with the neighbours is bad for you as well as them and life is too short, so if it can be resolved it would be better for everyone but you need to feel happy about it and 7 metres of garden is a heck of a lot, unless you have a very big garden. Are you ever going to be friends tho?
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