Hello, I am Law Denning and I am a practising solicitor in a HighStreet practice. I have been an expert on this website in UK law since 2008.During that time, as you appreciate, I have answered thousands of questionsfrom satisfied users on a variety of subjects.
Because we are all in practice with clients and court and otherusers, I might not always respond inminutes, particularly evenings and weekends. Please bear with me in thatcaseIt is my pleasure to try and assist you with this today. Please bear with mewhile I gather some further information from you in order for me to be able toadvise you fully.
What kind of inexpensivesolution? With regard to the rights that the neighbour have and moving them?
What exactly is the right andis documented in the deeds?
Unless I have all the facts that I need, my answerwould not be accurate.
There is no need to go tosolicitors at this stage. You can get both your daughters deeds and theneighbours deeds here for a few pounds each title and each plan.
They arrive in minuteshttps://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
solicitors pay 3 pounds perdocument but solicitors use a different system and I do not know the cost ofthis particular portal however, it is not prohibited.
Once you have the documents,you can then see exactly what the right of way is.
However at this stage in timeyou might want to save your money going to see a solicitor because I can tellyou that if there is a right of way, then unless the neighbour will agree tochange it, there is absolutely nothing whatsoever you can do. A courtapplication will simply fail. You need the neighbours consent.
Often, a neighbour willbecome more willing if you offer money although the neighbour is able to holdyou to ransom and ask for a completely unreasonable figure and there is nothingyou can do about it (when I say "you", I obviously mean your daughter).
It comes down thereforeoffering him amount of money that he really does not want to refuse and whichyour daughter can afford.
If you let me know the exactwording of the easement/right-of-way I may be able to add something further.
You mentioned that they onlyuse it for taking their bin out. In actual fact, it does not matter if they donot use it at all. And easement does not cease to exist through non-use.
I appreciate that most ofthis is probably not what you wanted to hear but there is no point in memisleading you.
Does that answer thequestion? I am happy to answer specific points.
Can I help further?
Pleasedon't forget to positively rate my answer service (even if it was not what youwant to hear). If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my livelihood!If in ratings you feel that you expected more or it only helped a little,please ask.
I amoffline shortly until later and will pick this up then if needed
Yes, the neighbour can holdthem to ransom and there is no court or tribunal that can firstly make themchange their mind or secondly, if they asked for an extortionate amount ofmoney, make them accept less
To answer your question, yes,you are correct the only way to get round it is for the parties to agree.
I suggest that you wouldagree before applying for planning permission because this is not somethingthat the planning permission firstly get involved with and secondly have anycontrol over. They would grant planning permission regardless of whether it ispossible to build it (because of easements or covenants) or not.
I'm sorry, I appreciate thatthis is not the answer you wanted but there is no point in me misleading you.
Pleasedon't forget to positively rate my answer service (even if it was not what youwant to hear). If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask.
I have not seen the easement orthe plan so I do not know.
It would depend whether theneighbour was still able to exercise the right with the extension in place.
If it says for argument sake itsays that there is a right over the land shaded brown and it is the land shadedbrown on which the extension was to go then the extension is going to be a substantialobstruction.
If the neighbour does notagree she can actually make an application to court for the court to determine thematter and decide whether what she is proposing breaches his rights or not.