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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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I live in the middle of a block of three terrace properties,

Resolved Question:

Hello, I live in the middle of a block of three terrace properties, with a private right of user footpath along the rear, which has not been used for 15 years.we would like to put a small conservatory on the rear of the property, and have spoken to both our neighbours, who do not have an issue with this, although they would not like to see the footpath removed altogether. To whom canI apply for an easement of the footpath (private right of user), to alter the route of the footpath to run across the end of the conservatory, rather than the end of the house. The property has a Land Registry title. Your advice would be greatly appreciated. Kevin Simmonds.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, you basically need to get the assent of the landowner(s) for whose benefit the private right of way along the footpath exists. They can grant you a change in the line of the footpath so as to allow you to build a conservatory on part of the land on which the right of way runs.
Expert:  Buachaill replied 1 year ago.
2. A private right of way always exists for the benefit of another piece(s) of land. It is the owner(s) of this piece of land who can agree with you to alter the line of the footpath. Absent their consent or assent, I regret to say you would not be able to build your conservatory over this footpath. However, be aware that it might be necessary to provide some financial inducement to the landowner who owns the right of way in order to get them to agree to a change in the line of the right of way.
Expert:  Buachaill replied 1 year ago.
3. I would advise you to get a solicitor to help you file the amended line of the footpath on your title deeds. This is essential to ensure that the benefit of the altered line of the footpath endures for anyone who buys the land from you, as well as ensuring that no change in planning permission is needed if someone subsequently objects to the new line of the footpath, if they buy the land which owns the right of way.
Expert:  Buachaill replied 1 year ago.
4. In this way, you can ensure that there are no title problems arising from the right of way in the future. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
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