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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: UK Property Law
Satisfied Customers: 6904
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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A house sale has just fallen through because the search

Customer Question

a house sale has just fallen through because the search brought up a right of way through the garden for the next door neighbour. The neighbour has their own drive this was a second way into their stable block when the two houses had the same owner.
The right of way has been bricked up since 1992 so we can demonstrate that it has had no use since then. The neighbouring house has sold 2 times since then with no reference to the right of way.
Does the right of way still have legal standing or is it obsolete?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Michael Holly replied 1 year ago.

If the right of way was bricked up when the houses went into separate ownership then it is a clear indication that the owner did not intend to pass the benefit of the right of way to the new owner. Plus the right of way has not been used for over 20 years.

I would write to the Land Registry, who are generally very polite and helpful, and ask for their advice. A letter from the Land Registry confirming that the right of way has been extinguished should be enough to satisfy a purchaser or the Land Registry may suggest a course of action to enable the situation to be remedied.

I hope this helps. If there are any further points please respond and I will be happy to reply.

Best wishes