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Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 21
Experience:  Moderator
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My neighbour has vehicular access right of way over my drive

Customer Question

My neighbour has vehicular access right of way over my drive to his property - this is not his sole access). The title deeds for this easement say this right is subject to his bearing half the costs of maintenance. In the past 20 years he has failed to comply with this condition. Can we argue to have his right of way removed?
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am solicitor with 20 years experience. I will try to answer this for you.
No, you will probably not be able to take away the right of way. The right of way (if it is an easement) is not a personal right exercised by your neighbour but is attached to the freehold land itself. Your remedy here is to seek a contribution to the upkeep costs. Is there anything in writing anywhere about how maintenance work should be commissioned and the costs shared out.
Can you give me the the wording of the easement and where it is recorded?
Customer: replied 2 years ago.
"A right of way at all times and for all purposes jointly with all those having like rights over the access road the approximate position of which is shown coloured brown SUBJECT TO the vendor (ie my neighbour) contributing a one half share of the future costs of inspecting maintaining repairing and renewing the same" This is recorded as item b) in the first schedule of the title deeds at the land registry.
My neighbour instructed his tenants to use the right of way as the main access road to his property. He uses his own drive. But now that his house and cottage is to be sold with planning permission for three more dwellings the burden of maintaining the drive will fall even more heavily on us. Is there nothing we can do either to alter the wording so that the new owner(s) are responsible for maintaining the drive, or that they use their own existing access road, or that they build a new access road?
Expert:  LondonlawyerJ replied 2 years ago.
I will need to read into this and won't be able to do that during the day today. Will get back to you either this evening or tomorrow morning.
Customer: replied 2 years ago.
Thank you. I hope to hear from you soon. With best wishes from Pat
Expert:  LondonlawyerJ replied 2 years ago.
I am sorry but I have not been able to work out the answer for you here so I will opt out of this question and hopefully one of the other experts will be able to help.
Customer: replied 2 years ago.
So what shall I do now? Do I have to start all over again and pay someone else? Or will someone contact me?
Expert:  Nicola-mod replied 2 years ago.
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
Yes please, I will wait for a professional answer. Will this be within the seven days I have already paid for?
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you. I'm afraid JustAnswer cannot guarantee a time but most questions are answered in a timely manner.
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Thank you for your patience,
Customer: replied 2 years ago.
Please refund my £24 plus the £34 you took for membership which I did not authorise. Thank you