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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10550
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I have a driveway which I maintain.This right of way down

Resolved Question:

I have a driveway which I maintain.This right of way down my driveway has never been used for 20 years. How much would it cost me to get the deed of surrender from the person who has the right of way down my driveway?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
I am afraid the simple answer is whatever sum the neoighbour is prepared to accept.
This is because, even though the right has not been exercised for 20 years, the right remains and it is not possible to "extinguish" a right of way just because the other party has not been exercising it. Indeed, there is case law whereby the Court declared that a right of way still existed even though it had not been exercised in over 80 years.
So, unless your neighbour is willing to give it up for a reasonable sum, you are somewhat stuck.
The Deed of Surender is likely to cost about £750 plus VAT to have drawn up by your Solicitor and it would be normal for you to agree to pay your neighbour's legal fees, which are likely to be around the same figure. If you have the money, I would suggest that you offer your neighbour £5,000 plus his legal fees. £16,000 is way above the norm, especially as it has not been used for 20 years.
Having said that, if the right is not exercised, why waste any money in getting the right surrendered!
I hope this helps and answers your question.
Kind Regards
Al
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