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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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We own one of a pair of 100 year old semi-detached houses.

Resolved Question:

We own one of a pair of 100 year old semi-detached houses. The other house has an 'easement' over part of our garden to enable them to hang washing out. This has never been used in our 40 years of ownership and probably never at all because of very steep access on the other house's side. Our neighbour is now in residential care, the house is up for sale and her 2 daughters have power of attorney. The daughters are very happy to mutually terminate the easement but their solicitor says they cannot do this as powers of attorney, because it is not in their mother's interest.
Is there anything we can do to sort this out before the house is sold ?
Many thanks for any help you can offer.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid to say that unless your neighbour is able and willing to sign any Deed of Release for the easement that it won't be possible for you to terminate it. As you have already been advised, the Attorneys do not have the power to enter into any sort of Deed which is not in the best interests of the Donor (your neighbour).

As regards ***** ***** the easement on your own, I am also afraid to say that even though the right has not been used for 40 years plus, this in itself does not give you the right to terminate it. Easements are almost impossible to get removed from the Land Registry title unless both parties are willing and able to sign the appropriate Deed. The mere non use of an easement, even for 40 years, does not mean the easement has been "lost" and your neighbour/his Buyers are entitled to exercise their right to the easement if indeed they ever decide to.

I am sorry I can not give you any positive advice on this subject, but my answer sets out the legal position.

Kind Regards
AL
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