There is no need to go to
solicitors at this stage. You can get both your daughters deeds and the
neighbours deeds here for a few pounds each title and each plan.
They arrive in minutes
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
solicitors pay 3 pounds per
document but solicitors use a different system and I do not know the cost of
this particular portal however, it is not prohibited.
Once you have the documents,
you can then see exactly what the right of way is.
However at this stage in time
you might want to save your money going to see a solicitor because I can tell
you that if there is a right of way, then unless the neighbour will agree to
change it, there is absolutely nothing whatsoever you can do. A court
application will simply fail. You need the neighbours consent.
Often, a neighbour will
become more willing if you offer money although the neighbour is able to hold
you to ransom and ask for a completely unreasonable figure and there is nothing
you can do about it (when I say "you", I obviously mean your daughter).
It comes down therefore
offering him amount of money that he really does not want to refuse and which
your daughter can afford.
If you let me know the exact
wording of the easement/right-of-way I may be able to add something further.
You mentioned that they only
use it for taking their bin out. In actual fact, it does not matter if they do
not use it at all. And easement does not cease to exist through non-use.
I appreciate that most of
this is probably not what you wanted to hear but there is no point in me
misleading you.
Does that answer the
question? I am happy to answer specific points.
Can I help further?
Please
don't forget to positively rate my answer service (even if it was not what you
want to hear).
If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. I
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If in ratings you feel that you expected more or it only helped a little,
please ask.
I am
offline shortly until later and will pick this up then if needed