Right of Way how to Extinguish the Easement

shortcrust

Zippy_Badger wrote: »

Only they and 'their successors' have a right to pass over the drive with or without horses, cattle carts, carriages, motor cars, and other vehicles' - the usual archaic blurb...but still valid today....
We know that the ROW was set up at a time (1953) their driveway did not exist and that ROW was a necessity... I am trying to discover whether when they built the new drive ((2009) whether 'the necessity' was or can be removed???
If I could write the law it would be and it appears to be so in the
U.S. (Paine v Chandler 134, N.Y 385 (1892) but I realise that it may not be so here in Blightly as someone earlier said I need a good ROW Solicitor...

I think you need an act of parliament rather than a good solicitor.

bouicca21

So if you are really bl00dy minded you can prevent them from having deliveries?


(I asked because I have a RoW over the communal drive that serves my block of flats, but so do my friends and family and anyone else I care to nominate.)

Davesnave

Zippy_Badger wrote: »

Hilarious?
The Public Highway Act 1980: Section 118, Section 5 (a) {Extiguish Public Right of Way} on the grounds that it is no longer needed......

Yes, you asked a specific question about the PHA 1980, yet didn't give anyone a reference to the section referred to.

That wasn't hilarious, but the implication that people would just have to plough through an Act of Parliament to assist you, certainly was.

Davesnave

Zippy_Badger wrote: »

I know I cannot use the PHA but why is it so different Private - Public as the basic issue is the same?:)

It's different because when something on the public highway is altered, it's done with consultation, everyone witnesses it and actions cannot be hidden.

In the case of private land, there is no public scrutiny, so it might be relatively easy for a landowner like yourself to diminish or extinguish others' rights without their agreement.

So, it's not for you to decide unilaterally that this entrance isn't needed, even if it falls out of use for some decades. As Pastures New has already pointed-out, properties change over time and the neighbour's cottage could be sub-divided, with the part nearest you using a different entrance from the rest.


Thre is one way to extinguish this RoW. If you buy the neighbour's cottage, it lapses, because no one can have a RoW over their own land.

unforeseen

Zippy_Badger wrote: »

Only they and 'their successors' have a right to pass over the drive with or without horses, cattle carts, carriages, motor cars, and other vehicles' - the usual archaic blurb...but still valid today....
We know that the ROW was set up at a time (1953) their driveway did not exist and that ROW was a necessity... I am trying to discover whether when they built the new drive ((2009) whether 'the necessity' was or can be removed???
If I could write the law it would be and it appears to be so in the
U.S. (Paine v Chandler 134, N.Y 385 (1892) but I realise that it may not be so here in Blightly as someone earlier said I need a good ROW Solicitor...

If the driveway is on the same route as their ROW then it will continue to exist over the new driveway.

xylophone

It seems that you knew about the neighbours' using the right of way (by choice, not necessity) before you bought the house.

Why did you buy the property if you knew that their little game would annoy you?

Cakeguts

Zippy_Badger wrote: »

Only they and 'their successors' have a right to pass over the drive with or without horses, cattle carts, carriages, motor cars, and other vehicles' - the usual archaic blurb...but still valid today....
We know that the ROW was set up at a time (1953) their driveway did not exist and that ROW was a necessity... I am trying to discover whether when they built the new drive ((2009) whether 'the necessity' was or can be removed???
If I could write the law it would be and it appears to be so in the
U.S. (Paine v Chandler 134, N.Y 385 (1892) but I realise that it may not be so here in Blightly as someone earlier said I need a good ROW Solicitor...

It this ROW is going to continue to annoy you it would probably be more sensible to sell your house and move to one which doesn't have a shared access as you are not going to be able to do anything about this ROW.