Re-routing a ROW without servient owner's permission

Newbie22FTB

Hello,



Can the owner of a private ROW, the dominant tenement, change the position of the ROW path? Are there any restrictions for someone being able to do this without consultation with the person whose property it impacts?

The reason I ask is because I am looking to purchase a property which has the burden of the ROW, as the servient tenement.  The neighbour with the ROW built an extension and, as a result, moved their ROW further down the garden, to a different location than is shown on the deeds. Are they allowed to do this? 

Thanks so much! x

nicmyles

Couple of Qs:

How do you know they didn't discuss/agree the change with the current owner of the property you're interested in?
Does the change have any direct impact on you in terms of no longer being able to go through their land to access whatever it is the ROW leads to?

Newbie22FTB

Hiya. The current owner has told me that they were never consulted about the re-routing of the ROW.

I've asked the seller to negotiate an extinguishment of the ROW entirely, as I do not want to buy a house with someone being able to walk through my garden to get to side gate. I  wondered if the neighbour has in fact blocked off their own access point and is even allowed to change its location?

This is an odd one as all the research I've seen online talks about the servient owner being the one who blocks or restricts the dominant tenement's ROW. This is a case of the owner of the ROW choosing to change their path without consulting with the burdened owner.

Just want them to remove the ROW and had hoped they shot themselves in the foot by diverting it from the outline of the permitted path in the deed map.

Thanks

GDB2222

Why does the row exist? It seems to serve no purpose. 

Even if the other property owners agree to extinguish the row without charge, don’t underestimate the legal work involved. Both mortgage lenders will need to be consulted. Both land register entries will need to be changed. You may need new title plans to be prepared. It could come to £2k!

GDB2222

Why does the row exist? It seems to serve no purpose. 

Even if the other property owners agree to extinguish the row without charge, don’t underestimate the legal work involved. Both mortgage lenders will need to be consulted. Both land register entries will need to be changed. You may need new title plans to be prepared. It could come to £2k!

Newbie22FTB

GDB2222 said:

Why does the row exist? It seems to serve no purpose. 

Even if the other property owners agree to extinguish the row without charge, don’t underestimate the legal work involved. Both mortgage lenders will need to be consulted. Both land register entries will need to be changed. You may need new title plans to be prepared. It could come to £2k!

Both houses are semi-detached and only my house has the side gate access to the garden. The owner of the ROW is not able to access his garden via a side entry as it does not exist, so they have the ROW through my one. 

My offer on the house was accepted before I found out it had the burden of a ROW. But, after speaking to the seller, it seems next door's new extension has made their original access point inaccessible.

So, I wondered if they have a right to use it still, given they moved it's location?

user1977

Do they still use it? How long ago did they "move" it?

Newbie22FTB

They've not even moved into the property yet as have been renovating it for the past year. They say they intend to use it and rejected the suggestion of extinguishing it.

user1977

Newbie22FTB said:

They've not even moved into the property yet as have been renovating it for the past year. They say they intend to use it and rejected the suggestion of extinguishing it.

Then you probably want to find another property, if you really can't stomach having a ROW. This doesn't sound like it's going to be resolved quickly or easily.

Keep_pedalling

If they have blocked off the ROW themselves surely they have no right to cross any other part of your property not covered by the ROW so it no longer exists?

Newbie22FTB

Everything about the house is perfect, apart from the ROW. I just want to know if they still have legitimate rights to use it, given they've changed its location and not even moved into the property yet?