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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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do legal rights of access lapse if they have not been used

Resolved Question:

do legal rights of access lapse if they have not been used in a period of 13 years
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

No, they do not automatically lapse simply because they have not been used for 13 years or even 20 years.

You would need to go to court for an order that the right of way has been abandoned and the courts would require proof from you that the beneficiary of the right of way intended to abandon their right by making express or implied declarations or statements or actions.

Hope this helps
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