Well, I just had an interesting experience. I was looking at making an offer on a row unit which is the middle unit of three. It is fully fenced and backs right on NCC bike paths. The NCC metal fence runs along the back yard of this unit and it doesn’t have a gate.
There is a gate in the back yard fence between this unit and the one beside it, which usually connotes an easement or right of way, permitting the middle unit reasonable access.
This could mean the middle unit owner bringing around a lawn mower from time to time, for example, that is stored in a garage or shed at the front of the house, or letting trades have access for their materials, equipment and ladders when installing new roofing or siding or windows. Landscaping would be another reasonable access, as it is impossible to bring wheelbarrows of sand or heavy materials through a property.
Anyway, I did up the offer and I checked the legal description of this property and the two on either side of it. No easements or right of ways appeared in the legal descriptions, which meant that access rested on goodwill of the adjacent owner (s).
I contacted the listing agent who said that the neighbour owned both adjacent units and was a pretty genial guy, but that wasn’t much of a guarantee. I thought I should go take a look at the back of the property from the vantage point of the NCC path behind it before I went any further. From the back of the property, while standing on the bike path, I could see that the gate in the fence was actually blocked on the neighbour’s side. There was a thick electrical or gas cable that ran along the top of the entire fence, but which was, impossible to see from the back yard of the unit I was interested in. . And it was also obvious that there were no rear entry points whatsoever at any point along the bike path that would allow access to the back yard.
So I tracked down the neighbour and asked if he would be comfortable with trades using his yard to gain access for needed work. He was very polite but also very definite that he would not give permission for access. He said he did not trust the trades to be respectful of his property and said that he was putting down a new driveway and didn’t want them using it. In fact, he is actually planning to block off the gate in the shared fence to make it clear there is no implied consent to its use. Super nice guy, yes, but under no legal obligation without a registered right of way or easement on that property to let anyone cross his property, and he knows it.
So, the person who buys this property is going to have a problem when it comes time to tear out the deck, or replace the windows or roof, or even do some of the repairs to the siding that are needed , because they don’t have access to the back yard except through the front door. The front entrance to this unit is very tiny, so forget being able to bring even a ladder through, much less siding, or stone dust, or new windows in. I’m afraid the new owner will be trapped.
I wonder how many prospective buyers think to check into things like that when they get caught up in multiple offer situations? A home inspection might have disclosed the issue with access, but most home inspectors don’t talk to the neighbours to find out what kind of goodwill they’ll extend when repairs might be needed, nor do most buyers.
I should note that even with a registered easement, if a neighbour doesn’t want to allow access, it can be a problem. I have also seen several row units where the access gates have been blocked off by neighbours. Unless you want to spend your money on lawyer’s, get ready for problems.
Do your due diligence and ask your realtor put a clause in the offer giving your time to determine whether access is going to be an issue, if you’re not sure. A property that can’t be repaired easily because of access issues is going to be a nightmare.
Kiss and Sell 