Right of Way how to Extinguish the Easement

Zippy_Badger

We bought a lovely Oast House last year and have one narrow drive to access it.
Originally next door there were 3 small cottages with 2 of them having no road access so on the Tile Deed of the Oast in1953 it gave right of way access down our drive, the Oast drive so they could reach their cottage. All good so far...

Back to present day... our neighbours bought all the 3 cottages and coverted them into one, cottage even renamed the cottage 20 years ago.
They had planning permission and built their own drive with a turning area and garage and also have a separate path they can walk to the cottage on from the road.
However they still continue everyday to drive down our narrow drive to park next to their house, this is opposite our front door, in an old range rover.
They are willing to give up their rights and are asking for our 2 acre of paddock plus £25,0000 if we want to barter the right of way. Clearly they see this as bargaining chip rather than a neighbourly issue. They are not very easy to talk to!!
The former owners laughed at the suggestion and put up with it and there is no way
we want to give them so much...
They have 3 means of access to their property now (including our drive) and a gate which is locked at night. We have one small drive with no gate to lock due to their access rights.

I wonder if we can use lack of necessity (used in the Public Highway Act 1980) as a way to extinguish their easement? Using our drive is a great convenience to them not a necessity and constitutes a hugh inconvenience to us.

Further they refuse to pay for any maintenance to the drive new quote £8000 which is partly needed by their landrover churning up the drive!
Any advise about our legal rights to get our drive back would be welcome... Thanks

lincroft1710

Zippy_Badger wrote: »

Any advise about our legal rights to get our drive back would be welcome... Thanks

See a solicitor, rights of way are often not that easy to extinguish

Zippy_Badger

Thanks I think this has to be our next step...

G_M

You cannot just extinguish a ROW.


The only way to do so is to get the agreement of all those who benefit from it - in this case the owner of the 2 cottages.


That owner can set his own terms for agreeing. You can then accept his terms, attempt to negotiate with him, or leave the ROW in place.

PasturesNew

You're stuck with it really - unless you've the deep pockets required for bribery. If it were me, with all the additional access, I'd never be using your drive ...

The thing is - that access is valuable to his house because if he split the end cottage off again, to rent it or sell it, he might wish to keep that access separate to his own...

You'll just have to lump it really.

Have you double checked if he has vehicular access.... it might be just on foot or by horse...

need_an_answer

These neighbours clearly know what they are doing and even have the "barter" in place.

sounds to me like the previous owners had a dose of them too and that may have even been the reason they sold up.


This "barter" seems very high,do you think there is room for negotiation without losing as much as a paddock and a substantial amount of money?

or is it something that you could just simply do as the previous owners did and to a point ignore it?

not the ideal solution but until they go the problem looks set to rumble on.

Norman_Castle

We have one small drive with no gate to lock due to their access rights.

You can fit a gate with a lock as long as they have a key. They may park there now simply because its easier than opening and closing their gates.


http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html

tom9980

Nothing stopping you installing a gate that locks automatically with a keypad, maybe you have a remote in your car and for security purposes have to change the keycode on the keypad every few weeks or so, it was a shame your neighbour was out but you of course knocked to give them the new code but they were not around, sorry about that, luckily they have another access route so no big deal right?

unforeseen

Apart from causing a substantial obstruction of a ROW. Once may be seen as accidental. If it becomes regular then don't expect the neighbour to sit back and accept it. Probably will result in an incoming injunction.

It matters not that there are other routes. The neighbour has a ROW that you impede at your peril.

molerat

PasturesNew wrote: »

Have you double checked if he has vehicular access.... it might be just on foot or by horse...

This ............................

moneyistooshorttomention

Norman_Castle wrote: »

You can fit a gate with a lock as long as they have a key. They may park there now simply because its easier than opening and closing their gates.


http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html

I'd be inclined to go for this idea. You wouldnt be depriving them of ROW - you'd just be making it as difficult as possible for them to actually use it (but subtly enough that they couldnt actually prove it).

Another thing to check is whether the width of the ROW is specified in your deeds.

I'd also throw into the conversation that no-one EVER will be getting your paddock off you no matter what - as that may be what they are actually up to (ie trying to get that out of you - rather more than the money they are after as well). For all you know - if they got your paddock from you - the next thing you'd notice is them applying for planning permission on it:eek: