Access Rights no longer needed

Madmel

I'll try to keep this brief.

Our drive runs along the boundary of our property. When we bought the place 8 years ago, the solicitor told us that our next door neighbours and their visitors had a right of access over the part of the drive closest to the road. The drive then divided; one part remaining ours and the other going across a piece of land owned by the local large landowner/estate up to our neighbours' boundary and onto their own driveway.

Earlier in the year, our neighbours told us that they were buying the land for a nominal sum (£1) from the landowner. They had maintained it for the last 25 years, cutting the grass, planting bulbs etc., so it was probably a pragmatic move on the part of the estate. Our neighbours were going to have their own driveway extended in a straight line down to the road, so would no longer require the access.

Over the last couple of weeks, the work has been done, and the earth moved to create the new drive has been used to fill in the old one, so now we both have separate roughly parallel drives. The right of access is now completely meaningless as the path it was meant to service no longer exists. We would like to get this removed from our deeds, as although we have no intention of moving for a long time, and our neighbours are content too, we do not want future occupants to be under any illusion that this right of way exists.

I am looking for advice on how to do this, and a rough idea of the costs. We have a fantastic relationship with our neighbours, and the recent work has definitely enhanced both properties, so there is no issue at all about it taking place. Thanks in advance for any guidance.

G_M

It depends how the right is currently enforced. Is there are Deed? A conveyance?

Provided both parties are in agreement it should be perfetly straightforward, but I'd recommend a conveyancing solicitor draws up whatever document is required, and lodges it with the Land Registry.

A solicitor may advise that you each need separate legal advice (two solicitors), but if you both make it clear you are happy for one solicitor to act for you both, he should proceed on that basis.

davidmcn

Bear in mind that if the neighbours have a mortgage, their lender's consent will be needed too.

Madmel

Thanks both. Neither party has a mortgage, so that makes things a little simpler. Coincidentally we have conveyancing going on at the moment as [crosses fingers, touches wood etc] we think we have sold late Mother-in-Law's flat. I will email the solicitor and see if she can do this work too. I cannot remember exactly how this appeared in our deeds, but I may have some notes filed away. Thanks G_M as I was not aware of different documents.

Neighbours are on holiday now so there is no immediate panic, but we would like to get this sorted.

G_M

Madmel wrote: »

.... Thanks G_M as I was not aware of different documents.

.....

Any right (eg of access) or obligation (eg to grant someone access), must have originated somewhere. It must be specified in some legally binding document.

Your solicior will need to see this in order to know how to 'undo' that right.

If you pay £3 to the Land Registry here, you can download the Title to your property (and for another £3, your neighbour's property).

It will probobly specify the right of access and refer to the relevant document: ("By a conveyance dated 5th July 1832 between Peasant Farmer and Lord of the Manor Snootynose, there is a right of access as specified by the red lines on the title Plans").

So then you look for the conveyance dated 5th July for full details.

Land_Registry

G-M has largely covered it for you and all I would add is a link to our online guidance re easements (rights) and section 12.1 in particular re their extinguishment (release) which explains what is normally required and registered in such circumstances