• Neighbours ROW Over A Passageway Which Is No Longer There

    By Guest on 07th Jul 2016

    We have purchased a property where my neighbour to my left has ROW on foot only over a passageway to the right hand side and back of our garden. This passageway no longer exists. According to other neighbours who have lived in the street for a number of years, they have never seen a passageway running down the side of our property. As my neighbour has said that he doesn't want the ROW and is prepared to get the land registry amended to reflect this, how do I go about getting this done?

  • 2 Answers

    By Guest on 08/07/2016

    If it is clear that your neighbour and only your neighbour has the benefit of the right then he can provide you with a deed of surrender of easement. You ought to have it drawn up by a solicitor but essentially it needs to identify both your property, the neighbouring property and the route of the easement as well as naming the parties to the deed and it needs to clearly state that your neighbour wishes to surrender the right. The document must expressly state it is a deed and it must be signed by your neighbour and witnessed. Often when a property has the benefit of an easement it will have a corresponding maintenance obligation. If so this should be released in the deed in which case you'll need to sign the deed and have your signature witnessed. The deed should be registered at land registry

  • By Guest on 08/07/2016

    Thank you for Taking the time to answer my query, it's a great help.

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