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My neighbour has a right of way over my land to access a garage

they own (it was once...
My neighbour has a right of way over my land to access a garage they own (it was once part of my property but a previous owner sold it). The right of way was granted only for the purpose of accessing the garage with or without motor cars.

two years ago, they removed the roof and took down two walls, but left the remaining two and hardstanding in place. They did this to have more space in their garden as the back of garage borders onto it. They have removed the doors and cladding them over with wood.

Can I claim they have abandoned the right of way and succeed in having the them removed from the title deeds.
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Answered in 32 minutes by:
6/3/2013
Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10,660
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Verified

 

Hi there,

 

Thanks for your enquiry.

 

There are 2 issues to consider-

 

1. If the right states that they have a right of way to gain access to and from the garage, the fact that the garage structure has gone does not then automatically cancel the right.

 

2. The fact that the structure of the garage has changed does not allow you to stipulate that the right has been abandoned. This is because in theory, the neighbours could "resurrect" the garage again at a future date.

 

Only if they agree to release their right of way will you be able to remove the right from the Deeds.

 

I am sorry this is not the answer you were looking for, but if I have answered your question, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

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Customer reply replied 4 years ago

Thanks for the response, and I did have my suspicions that this was the case.


 


Just for clarification, the rights granted say with or without vehicles for the purpose of all uses as a garage but for no other purposes.


 


Does that make a difference?


 


Also, they haven't really used the garage in the 4 years they've been there - only using for storing things. The previous owners didn't use it either other than for storing things and they were there for 12 years. Can I claim it was abandoned on that basis?


 


Thanks

 

Hi again,

 

Thanks for your reply.

 

The law is slightly daft when it comes to rights of way, in that even if a right is not exercised for years, it still remains enforceable and you are unable to say it has been abandoned.

 

The wording of the right does not change things in so far as your attempt to get the right removed from the Deeds. However, if for example the garage was replaced with a building, then legally, the neighbour would not have any rights to access this new building over your land.

I'm afraid though, even if the garage is totally knocked down, you still would not be able to get the right removed from the Deeds- the right remains for the neighbour to use, AND ONLY USE the access for the purpose of gaining access to any garage that may be on his land at some time in the future.

 

I hope this clarifies matters.

 

Kind Regards

AL

Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10,660
Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
Verified
Aston Lawyer and 87 other UK Property Law Specialists are ready to help you
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Customer reply replied 4 years ago

Hi, I'm hoping you will follow up, but any idea how I could place a value on the easement so they would be tempted to sell it and have it removed? Thanks


 

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