Re-routing a ROW without servient owner's permission

Newbie22FTB

Keep_pedalling said:

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?

Exactly my thinking, but cannot find anything official to support this?

user1977

Newbie22FTB said:

Keep_pedalling said:

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?

Exactly my thinking, but cannot find anything official to support this?

Because you're looking for something which doesn't exist. There is no implied right to move the RoW, it's a fixed route (in this case at least - others might cater for some flexibility but it would be clear from the deeds).

The only point to watch might be if they had changed it long ago and the neighbours might be deemed to have accepted it, but that doesn't appear to be the case here.

Newbie22FTB

The "implied right to move the ROW" is the bit I've been trying to determine if allowed, but couldn't find any information online to suggest that a dominant tenement has this "power" to do such a thing.

The deeds on this property are minimal, so just wanted to see if this ROW will actually be a barrier to buy for me. 

nicmyles

IANAL, but my assumption would be the ROW has been blocked by them and is no longer relevant. I can't see how they can unilaterally move it.
*However*, if they do not accept this, it may be burdensome to prove/enforce this, so I would look for another property.

Section62

Newbie22FTB said:

Keep_pedalling said:

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?

Exactly my thinking, but cannot find anything official to support this?

There isn't anything 'official' - cases like this would be resolved by the courts using case law.

There is a legal principle that the beneficiary of a RoW can access their property from any point where the RoW is adjacent (touching) their property - so for example if a RoW runs along the length of a boundary fence to a gate at the far end, the beneficiary can (normally) install a new gate at any point where the fence is adjacent to the RoW.

In your case, because the RoW is defined by a hatched area rather than having a general RoW, the beneficiary can only use that hatched area.  If the extension blocks the RoW for the whole length of the boundary adjacent to the hatched area then the neighbour can't just start using the land further down as an alternative.  If the extension doesn't go beyond the end of the hatched area then the RoW still has utility, even if a person cannot get through.

Also, it is important to understand that a RoW doesn't cease to exist just because it can't be used.  The neighbour could (for example) install a door in the wall of the extension and carry on using the RoW.  The RoW goes with the land, not the building currently erected on it.

In the neighbour's position I would agree to stop using other parts of the garden to gain access to my own garden, but I would refuse to relinquish the RoW without it being worth my while (i.e. ££££).

If the neighbour doesn't agree to stop departing from the legal RoW then the only option would be to commence legal action, which won't be cheap, and can be unpredictable.

Newbie22FTB

Thanks - helpful insight!! Thing is, they've built over the boundary line by up to 9 inches, so hoping that is enough leverage to get them to remove the ROW, otherwise they risk the build being complained about.

Mojisola

Newbie22FTB said:

Thing is, they've built over the boundary line by up to 9 inches, so hoping that is enough leverage to get them to remove the ROW, otherwise they risk the build being complained about.

Do you really want to move into a house with a dispute with the neighbours already in train?
No matter how much you love the property, a dispute with a neighbour who has already shown they take what they want could turn the property into a nightmare - and make it difficult to sell on.

Newbie22FTB

Mojisola said:

Newbie22FTB said:

Thing is, they've built over the boundary line by up to 9 inches, so hoping that is enough leverage to get them to remove the ROW, otherwise they risk the build being complained about.

Do you really want to move into a house with a dispute with the neighbours already in train?
No matter how much you love the property, a dispute with a neighbour who has already shown they take what they want could turn the property into a nightmare - and make it difficult to sell on.

I would be happy if the ROW is extinguished, in exchange for not complaining about the build. If that's agreeable, then I don't see why I should lose out on what is otherwise a perfect home for me? This is stuff that the seller would need to action, not myself. I'm not prepared to deal with a dispute myself, but am willing to live harmoniously if the above can be compromised? Don't you think that's worth a shot?

user1977

Newbie22FTB said:

Mojisola said:

Newbie22FTB said:

Thing is, they've built over the boundary line by up to 9 inches, so hoping that is enough leverage to get them to remove the ROW, otherwise they risk the build being complained about.

Do you really want to move into a house with a dispute with the neighbours already in train?
No matter how much you love the property, a dispute with a neighbour who has already shown they take what they want could turn the property into a nightmare - and make it difficult to sell on.

I would be happy if the ROW is extinguished, in exchange for not complaining about the build. If that's agreeable, then I don't see why I should lose out on what is otherwise a perfect home for me? This is stuff that the seller would need to action, not myself. I'm not prepared to deal with a dispute myself, but am willing to live harmoniously if the above can be compromised? Don't you think that's worth a shot?

Not from the sound of it, no. If I were the neighbours I'd be asking for some cash from your vendors...

Newbie22FTB

user1977 said:

Not from the sound of it, no. If I were the neighbours I'd be asking for some cash from your vendors...

Why though, when you've built over the boundary line when you shouldn't have? Is that worth risking the Council's involvement and potential removal of extension? I'm just trying to play devil's advocate...