Right of access denied

G_M

danslenoir wrote: »

So there is a possibility that at some point in the past, a deed of extinguishment has been agreed, but the neighbour or her predecessors have not applied to have the ROW removed from the title register?

Is this likely?

Not at all.

if someone had gone to the trouble of drawing uo a Deed, probobly using solicitors, they would almost certainly take the next step and register that Deed with the Land registry.

Land_Registry

As davidmcn posts it's unlikely as why enter into such a deed and then not register it?

You should base your understanding on what is registered and what your seller has explained to date - you also now understand the neighbour's view so it is now a question of who has the stronger legal position and/or a desire to pursue the matter further. Based solely on what you have posted to date that appears to clearly be You but we are only reading your view and not your neighbour's own words.

As such, and if you wish to pursue the point to ensure you can empty your bins etc as suggested I would recommend you speak to your solicitor and ask them to explain the law as they see it and advise on any next steps - sometimes a letter from your solicitor setting out the legal aspects can bring it to a close but that is likely to very much depend on your neighbour and whether they see that as the end of the matter.

societys_child

danslenoir wrote: »

I'm a bit worried that she stated her solicitor told her when she moved in that the right of way does not exist and advised that she keep it locked.

You don't actually believe her do you?

Presumably he/she would have access to the title register which clearly outlines there is a right of way?

Exactly

Is there anything that could potentially supersede the current title register available from the land registry, and if so, should the title register not have been updated so that it states the right of way has extinguished, or remove mention of it altogether?

See if she produces something (highly unlikely)

As many others have said, don't stop using your right of way, it'll just give her the confidence to continue to bully you.

Dan-Dan

Davesnave wrote: »

Witless, by all means post here, but if unsure about something. check your facts first. Otherwise, you just muddy the waters.

Absolutely Dave , and that applies to at least one other well known poster here

Sometimes , if people dont know for sure , endless waffly posts just make it harder to identify who actually knows what they are talking about and who doesnt

Out,_Vile_Jelly

My boyfriend lives in a mid-terrace; a row of small Victorian cottages with right of way through the gardens. It's just used for bin movement and occasional large items in and out for the garden. Obviously this is for everyone's benefit, as presumably nobody wants rubbish-strewn overgrown jungles bordering their property? It's a shame people can't be sensible.

Ithaca

Land_Registry_representative wrote: »

A locked gate is not always there to deny access or a right of way - many neighbours will install a locked gate and share keys with those who have a right of access for example. I have not heard or read of the 'lock it one day a year' scenario before.

The GP surgery in the village where I grew up used to do this (may still do...). They have a path from their car park which goes around their building and then cuts through to the High St and lets you save 10-15 mins walking to get from one side of the village to the other. They would lock the gate every Christmas day because they believed that would prevent the path from becoming a right-of-way.

davidmcn

I think people are getting confused between a public right of way (e.g. a shortcut from one public place to another), and one granted in favour of a particular property. Different principles apply.

Land_Registry

Ithaca wrote: »

The GP surgery in the village where I grew up used to do this (may still do...). ......... They would lock the gate every Christmas day because they believed that would prevent the path from becoming a right-of-way.

Thank you Ithaca - Davesnave also referred in the post re 'permissive paths' and I suspect it may relate to public rights of way rather than the type of prescriptive easement we might register, which is something quite different.

Not relevant to OP though as they are dealing with a registered easement and not a claimed one so won't say too much more so as not to cloud the real issues involved for OP

rosyw

OP, keep using the ROW - unless & until your neighbour produces some legal document that states in no longer exists!
When I moved in 5 years ago I had thoroughly checked the details of the ROW along the shared driveway, which is pretty much as your ROW but includes vehicles, and also the right to lay any cables, pipework or anything else to supply necessary services to the property. The first argument with my neighbour was within 2 weeks of moving in, he objected to the number of times in a day my builder was using the drive, the next was when I needed to have a telegraph pole erected for a phone line, following this he didn't want the drive dug up to install mains gas, each time he argued I smiled sweetly and produced a copy of the document proving I had the right to do whatever it was he was objecting to! he soon realised the futility of trying to stop me exercising my rights and left me alone.
When new neighbours moved in next door he turned his attention to them, he saw them an elderly woman & her disabled son as "fair pickings", he was so unpleasant they actually considered moving out at one point, the final straw came when he accused the disabled son of peeing on his front lawn and allowing his dog (he doesn't have one!) to foul the driveway :eek: this backfired when he called the police to report it, having had a chat with my neighbours & myself the police marked him down as a troublemaker and gave him a good talking to :T
All is now very peaceful, if the neighbour see either of us on the drive he vanishes inside his house very quickly :rotfl:

Stand your ground - as politely as possible!

moneyistooshorttomention

There is a huge difference between an unadopted road/driveway and someone's private garden. One is a road and is everyone's (even if one property owns the land underneath said road). The other is a private garden.

I speak as someone who lives in an unadopted road and had to put up with much the same aggro when I moved here...