Removing Right of Way from terraced house.

unforeseen

moneyistooshorttomention wrote: »

You'd need to clarify that, once the 2 properties are in different ownership that the ROW remained "dead" for sure - but I believe it would. Just needs a check on that point.

See my link in #3

also look at Unity of Seisin which is what applies once both properties come into common ownership. All restrictive covenants and easements between the 2 properties are extinguished and cannot be revived on splitting of ownership

Mojisola

unforeseen wrote: »

See my link in #3

also look at Unity of Seisin which is what applies once both properties come into common ownership. All restrictive covenants and easements between the 2 properties are extinguished and cannot be revived on splitting of ownership

The old ROW can't be revived but could a new one be established?

If my neighbour and I were in agreement, we could set up a ROW so that he could cross my land.

moneyistooshorttomention

unforeseen wrote: »

See my link in #3

also look at Unity of Seisin which is what applies once both properties come into common ownership. All restrictive covenants and easements between the 2 properties are extinguished and cannot be revived on splitting of ownership

That's the fancy legal terminology I was trying to think of - ie "Unity of Seisin".:T

chris_m

Mojisola wrote: »

The old ROW can't be revived but could a new one be established?
If my neighbour and I were in agreement, we could set up a ROW so that he could cross my land.

No problem - obviously it would then need the agreement of both to extinguish it were that ever needed.

Mojisola

chris_m wrote: »

No problem - obviously it would then need the agreement of both to extinguish it were that ever needed.

So could the owner of the end-of-terrace in the OP set up a new ROW for the benefit of the middle house?

unforeseen

And of course you would be in a very good position to make some money out of this as it may well have an affect on your property's price, not forgetting that as it would be for their benefit, they should be paying all the legal costs.

You could also stipulate conditions such as only to bring and return waste bins etc.

chris_m

Mojisola wrote: »

So could the owner of the end-of-terrace in the OP set up a new ROW for the benefit of the middle house?

No need, the OP's already said that there is one at that end too.

unforeseen

Mojisola wrote: »

So could the owner of the end-of-terrace in the OP set up a new ROW for the benefit of the middle house?

Of course but it needs the agreement of both but TBH why would OP want to burden himself with a ROW across his land?

It might be a good idea to keep quiet about lack of ROW until after purchase as the owner may decide to up the price if no ROW

I would expect any request for a ROW to come from the middle house, not suggested by the OP

Mojisola

chris_m wrote: »

No need, the OP's already said that there is one at that end too.

In this instance, but could he if he wanted - thinking hypothetically now?

Becoming the owner of both properties has removed the original ROW but could the owner make a new one before selling or would it have to be done after the two properties had different owners?

unforeseen

chris_m wrote: »

No need, the OP's already said that there is one at that end too.

There is nothing saying the middle house has a ROW at the other end. I think the OP is saying that there is a ROW across his potential purpose because it is still in the deeds although it has been extinguished. Neighbour who currently owns both properties should have been advised by his solicitor to get the deeds updated with the current situation which obviously never happened