Adjusting right of way

[hidetheelephants]

If next door extinguished his own ROW/easement by building an extension over it that would be mildly ironic. Definitely one for a conveyancing lawyer who is a ROW/easement nerd.

[paulrockliffe]

hidetheelephants said:

If next door extinguished his own ROW/easement by building an extension over it that would be mildly ironic. Definitely one for a conveyancing lawyer who is a ROW/easement nerd.

It doesn't extinguish the right though, it obstructs it. The worst-case outcome is the OP tries to push on with moving the right of way, annoys the neighbour enough that they look into things and realise the right of way is obstructed and not only does the OP lose the planned extension, but also the existing one as well.

Needs specialist advice for sure.

[dickymint]

Unless you take a chance (I don't think you should) it's gonna cost a lot in legal fees me thinks.

[blueg33]

There is still the risk of prescriptive rights. I would pick this up with a decent property lawyer

As it happens I know the location well, its not far from here. Thinking about the ages of the properties there could be all sorts of existing undocumented rights.

[tommobot]

Just thought i'd give this thread a bit of an update, the landlord next door came round to day to finally cut down trees regarding a subsidence claim.

Anyway, got a proper earful about being deceptive and decieving as I submitted mutliple applications (of the same structure ) to gain planning approval.

Haven't done anything, haven't even reached out to the Landlord since gaining approval.

I would assume the general assumption is that I'm a dirty scumbag and will build extension to block right of way, which obviosuly I cant / won't.

Tried to explain that obviously I didn't think i'd gain approval, which she didnt either which further emphases my original point of, why ask initially if theres no hope of getting PP.

Probalby going to get a bit more abuse on here, but hey ho, I guess I just don't get people.

[Jimjimhim]

I think you should definitely have sounded out your neighbours and the landlord first before going for planning permission, I wouldn't be happy if the first time I found out was that way!

[hidetheelephants]

tommobot said:

I guess I just don't get people.

You will negotiating with people from a position of weakness with regard to moving the easement/right of way, rather than be emollient you've aggravated the situation and made it less likely an agreement can be reached or made the price they will demand in exchange greater.