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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice.
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Does a footpath across my back garden & adjacent neighbours

Resolved Question:

Does a footpath across my back garden & adjacent neighbours gardens shown on my Land Registry plan which I can show has not been used 20 years have any right to continue
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

A purchaser property has raised the query as she has noted an apparent footpath on the Land Registry document .I know from experience that no such foootpath has been in use across either mine or my neighbours properties number of years.

Expert:  Remus2004 replied 2 years ago.

Unfortunately once there is an established right-of-way either established through the use under the Prescriptions Act noted in the deeds, then it doesn’t cease to exist and cannot be extinguished regardless of how long it has not been used regardless of whether it is no longer needed the various and alternative route.

I’m certain that this answer is unfavourable but the only way of getting this right-of-way extinguished is whoever has the benefit of the right-of-way agreeing to it

Can I clarify anything ?

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