PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Right of Way how to Extinguish the Easement

135

Comments

  • unforeseen
    unforeseen Posts: 7,280 Forumite
    First Anniversary Name Dropper First Post
    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 it is up to the service t tenement to ensure that their charges are kept under control and not liable to escape.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    Cakeguts wrote: »
    Who owns the land that they park on?

    I wouldnt mind betting you've hit the nail straight on the head here - as initial post (indicating they are parking opposite OP's front door) would seem to indicate it's likely they are parking on the ROW (ie they are most definitely legally in the wrong if so).

    If that is the case - then don't block the ROW - but do put up a bollard to prevent parking.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    moneyistooshorttomention wrote: »
    I wouldnt mind betting you've hit the nail straight on the head here - as initial post (indicating they are parking opposite OP's front door) would seem to indicate it's likely they are parking on the ROW .
    Do you really think the OP would have this neighbour parking on their land as an added inconvenience and yet not mention it in their post?
  • Annie35
    Annie35 Posts: 385 Forumite
    Name Dropper First Post Combo Breaker First Anniversary
    Davesnave wrote: »
    Do you really think the OP would have this neighbour parking on their land as an added inconvenience and yet not mention it in their post?

    Because it's a ROW dave! It's important! They drive down it & it can't be removed, because it's a ROW Y'no! A ROW! To paraphrase Richard Burton 'a ROW is a ROW is a ROW' it's very important because it's a ROW, don't you know Dave, a ROW!

    & that's why the op may not necessarily know if they have vehicular & parking rights.... cos it's a ROW (Just in case we'd forgotten) :rotfl::rotfl:

    ROW threads are always so serious
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Annie35 wrote: »
    ROW threads are always so serious


    Oh, this one's funny all right. The OP's main question was:


    "I wonder if we can use lack of necessity (used in the Public Highway Act 1980) as a way to extinguish their easement?"



    Did the OP quote the relevant section of the Act? No, they expected respondents to search through the whole blooming thing!

    That's hilarious.
  • unforeseen
    unforeseen Posts: 7,280 Forumite
    First Anniversary Name Dropper First Post
    I ignored that bit as the Highways Act didn't apply unless the OP was hoping to get the road adopted.

    If they were then a ROW and it's limitations would be pointless.
  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    unforeseen wrote: »
    I ignored that bit as the Highways Act didn't apply unless the OP was hoping to get the road adopted.

    If they were then a ROW and it's limitations would be pointless.

    I'm not clear what you are saying here??
  • shortcrust
    shortcrust Posts: 2,697 Forumite
    Combo Breaker First Post First Anniversary Newshound!
    I thought it was pretty simple. You can't really get a right of way that's in use removed without the consent of those who benefit. Is that not the case?
  • xylophone
    xylophone Posts: 44,375 Forumite
    Name Dropper First Anniversary First Post
    Any advise about our legal rights to get our drive back would be welcome... Thanks

    Your drive is not being taken away!

    Your neighbours are exercising their legal right to use your drive on the basis of the RoW - (presumably they are not parking on your drive but on their own land)?

    What puzzles me is the fact that you bought this property knowing that the RoW was in existence (and even that the neighbours had approached the previous owners with a proposal to give up their rights for the sum of £25,000 (not £250,000?) and the transfer to them of the two acre paddock.

    They're "avin a larf"?

    It is unfortunate that they choose to behave in an unneighbourly (even deliberately provocative?) fashion but you did purchase in full knowledge of the situation.

    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?
  • bouicca21
    bouicca21 Posts: 6,513 Forumite
    First Anniversary Name Dropper First Post
    It's all speculation until OP tells us the exact terms of the RoW.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards