How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

How can I remove a right of way which my neighbour no longer

Resolved Question:

How can I remove a right of way which my neighbour no longer uses and has no need for it. The right of way is not public and he has access from the road at the end of the garden
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Have you spoken to your neighbour as to whether he is willing to give up this right of way?

Kind Regards
AL
Customer: replied 3 years ago.

No he has rented the property and tells the tenants that the right of way is his property. One tenant hired a digger and started digging my garden. I get people knocking on my door saying the owner of the house has given them permission to park their car on my drive yet the road to the end of the garden gives he easier access to his property which is why the tenants never use it.

Expert:  Aston Lawyer replied 3 years ago.

Hi Steven,

Thanks for your reply.

Legally, it is very hard to extinguish a right of way (ROW), unless both parties agree to it.

The mere fact that the ROW may not be being used is not sufficient to get it extinguished and nor is the fact that there is an alternative ROW that your neighbour can or does indeed use.

There have been cases where a ROW has not been used for 20 years and yet the Courts have not agreed to its extinguishment!

The only way a ROW can be extinguished is if the person who benefits from it, does a physical and positive act to prevent him from then exercising his right of way (eg by putting up a wall and therefore blocking his ROW for good).

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards
AL
Aston Lawyer and other Property Law Specialists are ready to help you