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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26215
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Remush,, how are you? We have right of way at both ends of

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Hi Remush, , how are you ? We have right of way at both ends of our house. Victorian cottage and the access is jus t after the bathroom extension. Can I somehow remove/ revoke this right of way , considering there is no use of our garden by our neighbours
Assistant: Where are you located? It matters because laws vary by location.
Customer: Kent
Assistant: Has anything been filed or reported?
Customer: sorry , I don't understand your question?
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: yes, if it can't be revoked, can it I be moved to end of garden as opposed to the beginning of the garden , please?

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask if you believe your neighbours would agree to the removal of the right of way or would they likely object do you believe?
  2. Is the right of way recorded in your title deeds?
Customer: replied 1 year ago.
hi Joshua,I would rather think they will object.
yes it is on my deeds it states: " Together with a right of way for the Purchaser and his successors in
title and his and their tenants and occupiers for the time being of the
property hereby conveyed in common with the Vendors and their
successors in title and their tenants and occupiers for the time being
of the Vendos adjoining and adjacent premises and all others entitled
to a like right over and along the passageway coloured brown on the
said plan the Purchaser and his successors in title paying a fair
proportion of the cost of the repair upkeep and maintenance of the said
passsageway coloured brown on the said plan Except and Reserving unto
the Vendors and their successors in title and their tenants and
occupiers from time to time of the Vendors said adjoining and adjacent
premises and all others entitled to a like right a full and free right
of way at all times over and along the said strip of land coloured
green on the said plan and Also Except and Reserving unto the Vendors
and their successors in title and their tenants and occupiers from time
to time of the Vendors adjoining and adjacent premises and all others
entitled thereto the free and uninterrupted passage and running of gas
water soil and electricity to and from such adjoining and adjacent
premises through the drains sewers pipes and watercourses now in or
hereafter in or under the property hereby conveyed "Hope that helps and I am looking forward to hearing in ?Kind regards,Violeta

Many thanks and in particular for the wording of the right of way. Though I wish I was about to be able to tell you otherwise, extinguishing the right of way unilaterally is likely to be exceptionally difficult I fear. Rights of way (easements) are very very difficult to terminate unilaterally, intentionally so. They can be terminated by Deed (i.e. with agreement from your neighbours where they enter into a deed of release) however from what you say they are unlikely to agree to such a termination.

Alternatively if you can show that you reached an agreement with your neighbours to release the right of way which you have relied upon and subsequently they have renegged on their part of the bargain, there is a basis for a claim for the right to be extinguished under something called equitable estoppel however I do not think these circumstances apply from what you say.

Finally you can seek to terminate the right of way under the doctrine of abandonment. For this to be successful you have to show that the right of way is not exercised in practice but moreoever that your neighbours intended to abandon their right of way. Failure to exercise their right of way is not sufficient on its own. There was a case where a person successfully showed that a right of way had not been exercised for circa 100 years but still failed because the court held that failure to exercise on its own is not evidence of intention not to exercise. Courts have accepted that where a landowner has altered his land in some permanent way so as to make exercising a right of way impossble as intention but even this is not straightforward.

It is of course possible where you cannot show any of the above apply, to enter into a negotiation with the neighbours. It could be that they may be willing to release their right in exchange for something else, such as an alternative right you may be able to grant or for a sum of money. If the right of way is not exercised in practice you may be able to stop up the right of way physically though you would need to be prepared that the neighbours may object if they notice you have done so. I am sorry the above is unlikely to make for happy reading and wish I could give you better news but Ihope at least it gives some clarity to your options. Obviously do come back to me if you would like to discuss any of the options in more detail.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 1 year ago.
Joshua,
Thank you for your prompt response.
Lastly, if I offer them access through end of garden, does the space needs to be the same?
Thank you for all your help so far.Violeta

I'm glad the above was of some assistance. If you believe they may be willing to accept a substitute route as a right of way there is no law which requires that the substitute is the same width, length etc as the existing one. You and the neighbour would be both free to negotiate any replacement right of way as each of you sees fit. Ideally you would prepare a plan showing the route of any new path and you may wish to include measurements of the width to for the avoidance of doubt.

A solicitor can formalise any agreement in a deed of release and grant and then register the change at the Land Registry.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
no, thank you Joshua.Great assistance so far.
Thank you
Violeta

Thank you - do come back to me if I can assist with anything further. Best wishes

Customer: replied 1 year ago.
Will do , thank you Joshua.
Gave e a quite good idea of how shall I approach the issue.Thank you
Violeta

many thanks for the feedback.