Right of Way

eggs3342P · 31 January 2023 at 4:29PM

Hi there, I am new to this site but wondered whether anyone can help? I live in an end of terrace house of a row of old cottages. Behind is a path that leads to the chapel at the end of the row of cottages (there are approx 10 cottages in a row) where there is a right of way in place. On the Deeds it states "together with the right to pass and repass on foot only along the pathway on the plan for all purposes connected with the use and enjoyment of the said premises as a private residence but for no other purpose whatsoever together with the right to take water from the water tap etc". This is the tap at the end of the row of cottages attached to the chapel but is no longer used. One of the cottages has built an extension that is built entirely over the right of way as shown on the Deeds. Has this negated the right of way? Can I now say nobody can walk behind my cottage? They all have access to the road through their front doors.

baser999 · 31 January 2023 at 4:32PM

Presume neighbour had the legal right to extend where they did? If so they must have taken advice on what happens to the future of the right of way? Perhaps it lapsed years ago? If you can’t ask the neighbour, have a word with the council who’d have okayed the extension

propertyrental · 31 January 2023 at 4:37PM

* ROWs do not 'lapse'.

* building over a ROW does not 'negate' a ROW.

* the beneficiaries of the ROW (you? owners of the other 9 cottages? users of the chapel?) can enforce the ROW and demand (through the courts if necessary) that the extension be removed.

* the above is based on the limited info you provided. If all the beneficiaries of the ROW for example, jointly signed a Deed, then yes, the ROW could be extinguished. But I mean ALL.