If you have a right of way across your land or you are thinking of buying a property with a right of way, you may be wondering if it is possible to eliminate this. We take a look at the legal situation.
A right of way is a type of easement or a right held by one landowner over someone else’s land. A private right of way can arise in three different ways:
- By express grant, or where the right of way is put in writing in a deed. This is often the case if someone has sold part of their land but wants to retain a right of way over the land they have sold;
- By implied grant, which is not in writing but which is taken to exist, for example, because the right of way is the only way to access a property
- By prescription, which is where a right of way is held to exist because it has been used without force, openly and without interruption for 20 years or longer.
Ending a right of way
You may be able to agree with the person exercising the right of way to end it, either in return for payment or by rerouting it elsewhere. If you can agree on this, then the matter should be dealt with by both parties signing a formal deed of release.
If a right of way is not used, this does not mean that it ceases to exist. Even if it is blocked and has not been used for decades, as much as 175 years in one case, it will not be presumed by the courts to have been abandoned.
With this type of case, it is always easier to deal with matters by consent and agreement wherever possible.
A solicitor will be able to tell you whether a right of way has been established and, if it has, what your options are.
Public rights of way
It is particularly difficult to alter or extinguish a public right of way. You will need to contact the relevant local authority’s countryside access team. If it can be demonstrated that the right of way is not needed and it would be appropriate to close it, then occasionally it may be closed or altered, but this is very much the exception.
Contact us
If you would like to speak to one of our expert property lawyers, ring us on 0333 3055 189 or email us at info@lpropertylawyers.co.uk
