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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.
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 ?