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I have granted a right of way over a piece of land I own. However,

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the beneficiary of the access...
I have granted a right of way over a piece of land I own. However, the beneficiary of the access rights now wishes to remove a wall in order to facilitate better use of that right as he has right of access over the land upon which the wall is built. The wall was there at the time the rights were granted (and indeed 100 years previously) and no provision was made for its removal. The wall is I assume a joint party wall (there being nothing in the deeds to indicate otherwise) and so I would not be in a position to agree to its removal without the consent of the other joint owner. What rights do the beneficiary of the access rights have to effect the obstructing walls removal?
Submitted: 8 years ago.Category: UK Property Law
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Answered in 8 hours by:
6/23/2010
Solicitor: Joshua, Lawyer replied 8 years ago
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,167
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can you confirm that the right you have granted expressly grants access over the land on which the wall is built? i.e. the wall impedes access.
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Customer reply replied 8 years ago
the demarked area shaded on the plan to which the right of access refers does include the existing wall.
Customer reply replied 8 years ago
To clarify, the beneficiary wishes to widen the existing access to utilise the right of way, as he has subseqently discovered that the angle of the right of way granted has left very little room for him to maneouvre vehicles adequately. This requires removal of part of the wall.
Solicitor: Joshua, Lawyer replied 8 years ago
Unfortunately if you have granted access over land on which the wall is built the wall impedes the access and the grantee is entitled to require its removal.

You may have an action against the solicitor / surveyor that drew up the deed of easement for negligence if the wall is important to you and they failed to spot this.
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Customer reply replied 8 years ago
How could I grant it's removal without the consent of the other owner of the joint party wall? The other party wall owner is not the same person as the beneficary of the rights of access and has not granted the beneficary a right of access over the land upon which the wall is built.
Solicitor: Joshua, Lawyer replied 8 years ago
Do you own the land on which the wall is built?
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Customer reply replied 8 years ago
50% - as I have no other information indicating otherwise the wall is assumed to be a joint party wall. As such the wall is assumed to be built on the boundary. The wall is over 100 years old. If I did not have complete ownership of the wall at the time access was granted - I cannot see how the rights implied my consent for it's removal at the time the access was granted. I was not in a position to remove the wall as I didn't own it fully and I am in the same position now.
Solicitor: Joshua, Lawyer replied 8 years ago
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