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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a right of way out side my kitchen window has not been used

Customer Question

If a right of way out side my kitchen window has not been used for more than 30 years is it Still legally open to use.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Yes

Alex Watts :

Sadly the only way it can be extinguished is if the person who has the right agrees

Alex Watts :

In order for an easement or right of way to be extinguished then both the dominant land (the land with the right to an easement or profit) and the servient land (the land over which the right can be exercised) must both come into the common ownership and possession in fee simple of the same owner. The principle here is that a person cannot have rights against himself. Once an easement or right of way is extinguished then it cannot be revived at a later date should both plots be separated and sold off to different owners.

Alex Watts :

Please see below for more information:

Alex Watts :

http://www.quinnlaw.co.uk/how-a-right-of-way-can-be-lost/

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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