Adjusting right of way

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Discussion

hidetheelephants

24,597 posts

194 months

Tuesday 2nd April
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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

15,730 posts

228 months

Tuesday 2nd April
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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

24,439 posts

259 months

Tuesday 2nd April
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Unless you take a chance (I don't think you should) it's gonna cost a lot in legal fees me thinks.

blueg33

36,056 posts

225 months

Tuesday 2nd April
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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.