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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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There is a Right of way around 3 Cottages. The people in the

Customer Question

There is a Right of way around 3 Cottages. The people in the end cottage say that the Right of Way is theirs and the other two cannot use it around his property, thus making it one ended. ie. "U" shaped.
Please can you help
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
How is the right of way worded for the other two properties please?
Its obviously difficult to visualise based on written description.
Kind regards
Tom
Customer: replied 2 years ago.

Only seen it for one of them, but it says that the people at the difficult end

"Have enjoyed Right of Way to their property".

There is no other access.

A

Expert:  Thomas replied 2 years ago.
Hi
Do you mean that the two properties do not have any other reference in their title registers for the right of way?
How long have they used the right?
Tom
Customer: replied 2 years ago.

No other references.

About 12 years.

a

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patience.
It's difficult for me to make a detailed analysis, but if the only reference in either titles for the property as to the right of way is "Have enjoyed Right of Way to their property" then this does not give the properties a formal right of way. I would usually expect to see something along the lines of "the property shall have the benefit of the following rights: A right of way on foot only over that part of the passagway shown red on the coloured plan" and then see the area edged red.
The refernece refers to a right of way but does not actually grant it. On this basis they would be allowed to cease the access. If this is the case then the only way that access could then be claimed would otherwise be by prescription (ie long us) but this is not an option because you must have used the right for 20+ years. If the access was the only possible means of accessing the property wishing to claim the right from the public highway then an easement of necessity could be claimed but presumably this is not the case.
On the basis of the information provided they are within their rights to cease the use of the access.
Kind regards
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom