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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10551
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Can an easement be modified. I have an easement to use my

Resolved Question:

Can an easement be modified. I have an easement to use my back lane, but my neighbour has claimed using adverse possession the last 20 metres of the lane can I sign this area over to him and keep my easement for the rest of my back lane. My easement states that I can pass an re-pass at all time and for all purposes and it has not expired. Can a deed be drawn up to solve this problem. I will only give up my rights to the last 20 metres of the lane, I will not give up my rights for the whole of the lane. Many thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Just so I am straight, I take it that you don't use the last 20 metres of the lane? Who is the legal owner of the lane? Are you sure that your neighbour has been successful in claiming adverse possession of the last 20 metres of the lane?

I look forward to hearing from you.

Al

Customer: replied 1 year ago.
W do use the last 20 metres but we could give it up. I do not know who is the legal owner of lane I have just been using it for the last 38 years to access the ear of my property for car parking and on foot. My neighbour has possessionary title over the last 20 metres of my lane.Many thanksThomas
Expert:  Aston Lawyer replied 1 year ago.

Thanks Thomas.

Sorry- 2 last questions- do your Deeds grant you a right of way over the lane, or have you acquired the right by using the right of way for over 20 years?

If the right of way is mentioned in your Deeds, do you have a Mortgage over your property?

Kind Regards

Al

Customer: replied 1 year ago.
The right of way is clearly stated in my deeds. The conveyance was made in 1917. I do not have a mortgage on my property.RegardsThomas
Expert:  Aston Lawyer replied 1 year ago.

Thanks Thomas.

First and foremost, just because your neighbour has claimed possessory title of part of the lane does not mean that your right of way is affected.

(I must say that it is quite odd for your neighbours to have been successful in their application, as the Land Registry do not normally grant possessory title if it is clear on site or in the Deeds that a third party has a right of way over the land).

That aside, it is pretty straight forward for your right to be modified, so that it does not cover the last 20 metres of the lane. What needs to happen is that a Solicitor (this would normally be your neighbour's Solicitor) needs to draw up a Deed of Release which will set out that you agree to give up the part of your right over the last 20 metres. This Deed will need to include a Plan showing the extent of the right of way which you are happy to give up. The Deed is signed by both parties and is then registered at the Land Registry.

I hope this assists and sets out the legal position.

If I have helped, please could you be kind enough to leave feedback.

Kind Regards

Al

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