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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10610
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a right of way that is registered with the land

Customer Question

Hi, I have a right of way that is registered with the land registry, I haven't used the right of way for about 20 years but I want to keep it as it gives vehicular and pedestrian accesses to some barns that I own. The land owner said that if I don't give up my right of way then they will take me to court, they told me that I have to pay £5000 towards the costs, can they make me do this as I haven't got that kind of money, they also told me that if I loose the case then I will be liable for £15,000 court costs, please can you help, many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

I think your neighbour is just trying to scare you into agreeing to release your right of way (ROW).

Even though you have not used the ROW for 20 years does not mean it is not legally in force. In deed, it is virtually impossible for a ROW to cease to have any effect, unless th eparty who has the benefit of it, agrees to release their right over it. There was a case whereby a ROW had not been used for 50 years, and the COurt still determined that the ROW remained in force/valid.

I would therefore suggest that you inform your neighbour that you won't be agreeing to any of their demands!

I hope this assists and sets out the legal position.

Kind Regards

Al