Planning permission over easement

razoni

Hi,

I hope I've posted this is the right forum. So house purchased 3 years ago  at the time of purchase the house had (and still has) planning permission for a double story extension. 

The property however has an easement right across our garden 'by foot, cart and horse' for the other 5 houses on our row. This dates back to when it was used by the mill owner at the time and the easement has not been used for well over 10 years as it isn't practical and doesn't make any sense now (all other neighbours have extended their garden walls across the easement which impacts their properties). 

We weren't bothered about getting the extension done when we bought the house as money wise we wouldn't make anything back adding a 2 story extension to an end terrace. However we love the village we live in so much we are considering getting it done. 

Question is even with planning permission if someone wanted to use the easement and we have an extension built over it, can we be told to take it down? 

The extension does allow for you to round the house but not with a 'by cart' which I imagine in today's terms in a car. 

Any advice woukd be welcome 

Section62

razoni said:

Hi,

I hope I've posted this is the right forum. So house purchased 3 years ago  at the time of purchase the house had (and still has) planning permission for a double story extension. 

The property however has an easement right across our garden 'by foot, cart and horse' for the other 5 houses on our row. This dates back to when it was used by the mill owner at the time and the easement has not been used for well over 10 years as it isn't practical and doesn't make any sense now (all other neighbours have extended their garden walls across the easement which impacts their properties). 

We weren't bothered about getting the extension done when we bought the house as money wise we wouldn't make anything back adding a 2 story extension to an end terrace. However we love the village we live in so much we are considering getting it done. 

Question is even with planning permission if someone wanted to use the easement and we have an extension built over it, can we be told to take it down? 

The extension does allow for you to round the house but not with a 'by cart' which I imagine in today's terms in a car. 

Any advice woukd be welcome 

Ultimately, potentially yes.  There will be a risk of that whilst the easement exists.  A planning consent doesn't (usually) override the private rights of third parties.

Although the neighbours have extended their walls across the area themselves, there's nothing stopping one or more of them deciding they want access (e.g. for building work) and demolishing their own wall, as well as asking the neighbours to remove their obstructions.  Removing a garden wall is a completely different prospect compared with demolishing an extension.

You might get a court to decide that the circumstances and length of disuse is sufficient that expecting you to demolish the extension isn't reasonable.... but that could be a costly exercise and the risk remains.

The best approach would be to agree with the neighbours that the easement is no longer relevant or necessary and get it removed from the deeds of your properties and all those who also had a right to use it.  There would be legal costs associated with doing so, which your neighbours might expect you to pay - it's when questions like this get asked that people suddenly remember the desperate need they still have to use an easement/RoW which hasn't been used for decades.

FreeBear

razoni said: So house purchased 3 years ago  at the time of purchase the house had (and still has) planning permission for a double story extension.

Planning permission normally expires after 3 years unless work has started - If work hasn't started. you need written conformation from your local planning dept that the application is still "live".