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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We agreed with our neighbours who have vehicular access

Resolved Question:

Hi, we agreed with our neighbours who have vehicular access across our land , to move the access.
We have done this and now they are saying they are not happy although the access onto the highway is safer .
We only had a verbal agreement and we're going to get the variation drawn up once the work had been done.
Highways have stated that the old access be closed off which we have done .
Can they make us out it back ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Morag,

Thanks for your enquiry.

Could you just confirm that you are asking if your neighbour can now back out of the "new agreement" and instead retain their "old right of way" over your land?

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 1 year ago.
I am
Expert:  Aston Lawyer replied 1 year ago.

Thanks Morag.

Unfortunately, any release of a Right of Way (ROW) has to be by way of a Deed, signed by both parties. Hence, unless such a Deed is signed, the existing ROW remains fully in force.

Therefore, I'm afraid that despite any oral agreement, your neighbours are legally free to continue to have the benefit of the existing "old" ROW.

The appropriate Deed releasing the ROW should have been signed before you then did anything about creating the new ROW.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

If I have answered your question, I would be grateful if you could rate my answer.

Kind Regards

Al

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