Can an easement be extinguished?

floridav

Hello all.

I live in an end of terraced cottage with a long garden to the side (if that makes sense). in 1976, before i lived there, my house was split into 2 houses and the garden was also split into two. So the neighbours then owned the furthest half of the garden. at the same time, an easement was written into the deeds stating that the owners of the furthest bit of garden could drive or walk down my stretch of the garden (as it was intended they would build a small garage in their garden. The garage was never built and the easement has never been used, not even once. In fact, it has always been pretty much impossible to use the easement because there is a large hedge in the way.
I am now trying to sell my property and am concerned that this is going to cause a big issue. I will tell the buyers because i am obliged to. I have a statutory declaration for the previous owner (who sold it to me 3 years ago) stating that it was granted in 1976 but never used.
Also, when i bought my house, the owner at the time had to register it. The Land registry only referred to a conveyance of 1949 and the associated benefits/restrictions which obviously has no mention of this easement. Does the fact that the 1976 conveyance was not felt necessary to be entered onto the title by Land Reg mean anything?

Does anyone know if easement can become null and void??

many thanks for any comments.

Mark

poppysarah

Did it bother you when you bought it?

floridav

Hi,

I went through it with my solicitor at the time and the told me the facts and that it was my decision at the end of the day. it bothered me at the time but i saw the common sense approach. What bothers me is if the buyers solicitor takes the hard and fast approach and tells the buyer to pull out without considering the realities of the situation. The solicitor working for me now believes the neighbouring property have 'probably' given up their right to the easement because it has never been used after 33 years.

Mark

suebfg

I wouldn't have thought it could be extinguished if it is in the deeds but I also don't think a solicitor will tell a buyer to pull out - they very much take the approach of leaving it up to a buyer to make their own mind up

Debt_Free_Chick

I think it can be removed, with the agreement of both parties - you and the other party who has the benefit of the easement. That would be the current owner(s) of the neighbouring property.

Strictly speaking you would be removing a benefit from them and they could ask you to pay them for that privilege. It depends on the other party.

suebfg

Debt_Free_Chick wrote: »

I think it can be removed, with the agreement of both parties - you and the other party who has the benefit of the easement. That would be the current owner(s) of the neighbouring property.

Strictly speaking you would be removing a benefit from them and they could ask you to pay them for that privilege. It depends on the other party.

If you did this and they refused, you'd have to declare this to a buyer. Might be best to leave sleeping dogs lie

Debt_Free_Chick

suebfg wrote: »

If you did this and they refused, you'd have to declare this to a buyer. Might be best to leave sleeping dogs lie

Are you sure? I know disputes have to be declared, but surely you don't declare every question you ever asked of your neighbour, to which the answer was "no"?

suebfg

Debt_Free_Chick wrote: »

Are you sure? I know disputes have to be declared, but surely you don't declare every question you ever asked of your neighbour, to which the answer was "no"?

One of the questions on the seller's disclosure pack is whether you have had discussions with any person /party regarding your property

floridav

Thank you all for your comments. I think i'll have a chat with my neighbours and see what their thoughts are. I assume they would also need a solicitor involved working on their behalf and i would pay their costs?
Assuming they agree, does anyone know how easy/quick it is to get an easement removed (both properties are already registered with Land Reg)??

Thank you

Mark