Extinguishing a right of access

LyraSilver_2

Does anyone know if a right of access can be extinguished?

My neighbour has access to a plot of land via our driveway. Before we bought the house he barely used it, but now he is using it at least once a week. It shouldn't be a problem, however, our front door opens onto our driveway and he drives up and down super fast. We have children under the age of 5 and often have to get a pushchair out the front door and I am worried about him mowing us down one day.

To get round the fear of being run over, I park my car on the drive, which i know legally i am allowed to do, but when he wants access to his land, he feels in necessary to shout and belittle me as much as possible. He is a tall man (i'm only 4ft 11") and he likes to stand over me and at shout in front of my children. He has become more and more aggressive over time and has recently assaulted me over my car being on the drive.

Previously, he has been granted planning permission on the land to build flats, providing he opens up a point of access from his driveway. The building work has never taken place, but could we get the right of access extinguished and get him to make a driveway to his land through his own? Do we have any ground to stand on?

Mojisola

LyraSilver wrote: »

Does anyone know if a right of access can be extinguished?

My neighbour has access to a plot of land via our driveway.

To get round the fear of being run over, I park my car on the drive, which i know legally i am allowed to do

If parking your car on the drive blocks his right of law, you aren't allowed to do so (apart from short periods to unload shopping, etc).

LyraSilver_2

Thanks for that. We own the driveway so we have a right to park on it. The neighbour has access up our drive, so providing we do not put anything permanent on there we can park our car on our drive.

Sagz_2

Could you put a gate across the entrance? It would at least slow him down and give you some warning.

Carrot007

What sort or ROA does he have, if not vehicular he should not be driving.

Also no you are not allowed to block the ROW if you are even if it is your drive.

Diagrams might help us understand.

The only way you can get it removed is if he agrees to it. Maybe you could offer money?

stator

If he assualted you then you shoud look at getting some kind of restraining order, which would prevent him personally from entering your land regardless of any vehicular right of way.
You can't remove his right of way unless he agrees to it.
Why not put in a speed bump, or some kind of posts that mean you have to go a little slower to make sure you don't hit them.
Or you could have an automatic gate that takes time to open.

Davesnave

It's impossible to extinguish a RoW unless by mutual agreement, and the existence of another route has no bearing on the matter.

If we presume it is a vehicular access, then it should not be blocked, except temporarily, as Mojisola says.

A sensibly-sized speed bump would probably help, as might a strategically placed bollard, or four, bearing in mind the need for emergency service access etc. but the situation isn't clear.

If the guy assaulted you and you didn't report this to the police, it's possible it will happen again. A word from the local PCSO ought to help.

moneyistooshorttomention

Both Davesnave and Mojisola are correct - the law doesnt allow parking in someone else's ROW (except very temporarily - eg to unload shopping) - even if you do own the land.

Mojisola

LyraSilver wrote: »

My neighbour has access to a plot of land via our driveway.

To get round the fear of being run over, I park my car on the drive, which i know legally i am allowed to do, but when he wants access to his land, he feels in necessary to shout and belittle me as much as possible.

He has become more and more aggressive over time and has recently assaulted me over my car being on the drive.

LyraSilver wrote: »

We own the driveway so we have a right to park on it.

Assuming that this is a standard ROW, it's not surprising that he is getting upset - you are blocking his access.

He shouldn't assault anyone and you should report the instance but you should also stop blocking the drive.

As you have concerns about the speed of his car, stator's suggestion of a speed bump may help. Putting up a gate probably won't because he won't have any duty to shut it after he's used it which will wind you up even more.

Check your deeds and his deeds (https://www.gov.uk/government/organisations/land-registry) and confirm what is said on them about his right of access.

Ozzuk

Download yours and his title deeds, will only cost a few pound, and check what it says about right of access. Unless something specific has been written in then as others have said you cannot park on your own drive.

If this is the case, did you buy the house recently? This should have been picked up by a solicitor, and you have virtually no chance of getting it removed.

You could put something in to limit the speed - ramps or bumps, but you'd need to make sure they comply with any relevant guidelines so you don't get sued if they cause vehicle damage. I'd also get CCTV installed so you have proof if he is having a go at you - but confirm your legal position first as he may be in the right!

Land_Registry

Re your original question generally there are four ways to have a registered right (legal easement) extinguished

1. the landowner with the benefit releases it through way of a legal deed and you then apply to have the right removed from the affected titles

2. Abandonment - if the landowner with the right stops using it and makes it clear they have no intention of using it again .e.g. bricks up a wall where there was a door and right of access

3. Unity of seisin - you acquire both the benefiting and servient land e.g. you buy his property and then apply to remove the easement and

4. Statute - legislation is put in place that extinguishes it (won't happen in your case)

You can check the registered detail as suggested
PG 62 explains more on easements and section 11 refers to their extinguishment