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Right of Way how to Extinguish the Easement

124

Comments

  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    xylophone wrote: »

    I don't see however that they have the right to damage your drive in using it for access and I should think that you could seek legal redress if they do?
    If the lane's surfacing is so poor that driving a Land Rover over it causes damage, then it needs repair, not a legal case.

    Whether the neighbour has an obligation to contribute should be set out in the property's title documents. As bouicca says, without input from the OP, people are just guessing.
  • Zippy_Badger
    Zippy_Badger Posts: 7 Forumite
    Thanks for all your comment... The gate with code that keeps changing sounds good...
    They have the right to drive over/down the drive but not to park. The Parking space is their land just opposite our door but off of the drive.
    Most of the case law that I've read online helps people get and keep their ROW but not much on how to extinguish the ROW... We will get legal advise and I will post again ...not holding out much hope but its worth a try.
  • Zippy_Badger
    Zippy_Badger Posts: 7 Forumite
    Hilarious?
    The Public Highway Act 1980: Section 118, Section 5 (a) {Extiguish Public Right of Way} on the grounds that it is no longer needed......
  • Zippy_Badger
    Zippy_Badger Posts: 7 Forumite
    Oh yeah... Section 116 of HA(1980) uses the words 'deemed to be unnecessary'
    Thx
  • Mojisola
    Mojisola Posts: 35,557 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.

    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.
    Zippy_Badger wrote: »
    Thanks for all your comment... The gate with code that keeps changing sounds good...

    No, it doesn't - unless you want to be on the wrong end of the law.
  • lincroft1710
    lincroft1710 Posts: 17,623 Forumite
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    Zippy_Badger wrote: »
    Hilarious?
    The Public Highway Act 1980: Section 118, Section 5 (a) {Extiguish Public Right of Way} on the grounds that it is no longer needed......

    As your neighbour is using it then it could be argued it is needed.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • unforeseen
    unforeseen Posts: 7,279 Forumite
    First Anniversary Name Dropper First Post
    It's not a PUBLIC Right of Way anyway.
  • Zippy_Badger
    Zippy_Badger Posts: 7 Forumite
    lincroft1710 wrote: »
    As your neighbour is using it then it could be argued it is needed.
    Sorry I may have be misleading neighbours have a ROW over our drive and it appears tricky to extinguish that. The Public Highways Act (1980) Section 116/118 however allows public roads to extinguished if they aren't necessary and we think the use of our road is no longer necessary (as they have their own drive and a separate path)
    I know I cannot use the PHA but why is it so different Private - Public as the basic issue is the same?:)
  • bouicca21
    bouicca21 Posts: 6,512 Forumite
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    Zippy_Badger wrote: »
    They have the right to drive over/down the drive but not to park.


    But does anyone else have the right to use the drive? Can the neighbours authorise others (e.g. delivery persons) to walk or drive over it?


    TBH the more you make life difficult for the neighbours, the more you will convince them that you put a high value on the RoW.
  • Zippy_Badger
    Zippy_Badger Posts: 7 Forumite
    bouicca21 wrote: »
    But does anyone else have the right to use the drive? Can the neighbours authorise others (e.g. delivery persons) to walk or drive over it?


    TBH the more you make life difficult for the neighbours, the more you will convince them that you put a high value on the RoW.
    Only they and 'their successors' have a right to pass over the drive with or without horses, cattle carts, carriages, motor cars, and other vehicles' - the usual archaic blurb...but still valid today....
    We know that the ROW was set up at a time (1953) their driveway did not exist and that ROW was a necessity... I am trying to discover whether when they built the new drive ((2009) whether 'the necessity' was or can be removed???
    If I could write the law it would be and it appears to be so in the
    U.S. (Paine v Chandler 134, N.Y 385 (1892) but I realise that it may not be so here in Blightly as someone earlier said I need a good ROW Solicitor...
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