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Right of Way how to Extinguish the Easement

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  • unforeseen
    unforeseen Posts: 7,280 Forumite
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    There would be nothing stopping the neighbour wedging the gate open when he passes through and leaving it like that.

    The dominant owner is under no obligation to close the gate.

    A gate in itself is not considered a substantial interference but a locked gate may. It depends on the wording of the easement if it is for all people who need to access the cottages E.G. postman, milkman etc then a locked gate can be considered a substantial interference as they are unable to use the ROW.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    unforeseen wrote: »
    There would be nothing stopping the neighbour wedging the gate open when he passes through and leaving it like that.

    The dominant owner is under no obligation to close the gate.

    Might possibly count as "harassment" if they were persistent in that?
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    moneyistooshorttomention wrote: »
    Might possibly count as "harassment" if they were persistent in that?

    No - the locked gate could be but not wedging it open.

    Most ROWs have to be available to anyone coming to the property.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    Many people would have young children or dogs or the like that would "escape" if a gate was left open though.....:cool:
  • G_M
    G_M Posts: 51,977 Forumite
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    A locked gate, unless a key/code was provided to those with a ROW, would clearly be a breach of the ROW.


    And a red rag to a bull I suspect! Guaranteed to see escalation whether through actions (wedging the gate open, breaking the lock etc) or law (injunction etc.)


    Stupid suggestion.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    Zippy_Badger wrote: »
    Any advise about our legal rights to get our drive back would be welcome... Thanks

    You haven't lost it. You bought the property in the full knowledge that the neighbour had this RoW and your solicitor would have been able to explain the ramifications if you'd been unsure of anything. Having it extinguished now isn't going to happen.

    While the neighbour has opened the bargaining at what seems a ridiculously high level and may not be what you or I would call 'neighbourly,' you are at liberty to make your own pitch, or ignore their offer completely. It's your call.

    I'm in a similar position to you in owning a neighbour's access drive, used heavily by delivery and carer's vehicles. It becomes pot holed over a year or so. I don't solve that by spending £8k; I just put down more chippings and accept it as part of living here.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    edited 11 August 2018 at 6:53PM
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    moneyistooshorttomention wrote: »
    Many people would have young children or dogs or the like that would "escape" if a gate was left open though.....:cool:
    Then they would need to take steps to secure the area where these had access, but the drive probably could not be part of that.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
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    Another thing to check is parking on a ROW. A ROW is usually to pass over ... not park. Double check if they're allowed to use it for anything other than access.

    Access TO somewhere might not include parking ON.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
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    PasturesNew wrote: »
    Another thing to check is parking on a ROW. A ROW is usually to pass over ... not park. Double check if they're allowed to use it for anything other than access.

    Access TO somewhere might not include parking ON.

    That much is very clear legally - ie one is not allowed to park on a ROW - other than for the purposes of "loading and unloading".
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    Who owns the land that they park on?
This discussion has been closed.
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