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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If all my neighbours agree, there are six of us in all, what

Resolved Question:

If all my neighbours agree, there are six of us in all, what steps have to be taken in order to remove the right of way at the back of our houses so that we can extend our rear gardens.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Is this a public or private right of way please?

Joshua :

If private, is the ROW restricted to the 6 houses you mention?

Customer:

It is a private right of way restricted to the six houses only.

Joshua :

Thank you. All 6 of you from what you say are willing to give up the right of way permanently?

Customer:

I think so but in order to proceed I intend to get each individual houseowner to agree in writing first.

Joshua :

If that is the case you will need to prepare a Deed of Surrender to surrender and extinguish the right of way. You could either prepare a separate deed of surrender for each property but to save costs, you can consider preparing one Deed of Surrender that concerns all 6 titles in the same document with all 6 properties' legal owners being parties to the deed.

The Deed will need to be registered at the Land Registry for each of your titles to remove reference to the right of way.

Joshua :

You will need a local property solicitor to prepare the Deed of Surrender for you. In the continuing interest of saving costs you can consider all jointly instructing the solicitor which should make costs very manageable per household.

Joshua :

In essence the deed if prepared and plan attached which is then signed by all parties and finally dated then registered at HM Land Registry. Providing all parties are agreeable the matter is straightforward for a solicitor to complete and should take no more than around 4-6 weeks in practice.

Customer:

Many thanks, XXXXX XXXXX it?

Joshua :

That is all there is to it. The only issue that will arise is if one or parties is unwilling in which case you will not be able to proceed - insofar as any parties that are not willing to release their ROW would still have a ROW which of course would not be acceptable to the others. It is very much a case of all for one or nothing at all.

Joshua :

There is no way to force a party to surrender a right of way. However based on what you say this will not be an issue.

Customer:

OK I am very much obliged, thankyou.

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

Thnkyou good day.

Joshua :

best wishes

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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