Planning & Development Questions

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Getting rid of a right of way over private land. by mind the gap Started by mind the gap, 10-07-2020, 15:37 PM	14 responses 82 views 0 likes	Last Post by Lawcruncher 12-07-2020, 21:48 PM
Dispute over boundary land by cazamoran Started by cazamoran, 09-07-2020, 19:09 PM	7 responses 56 views 0 likes	Last Post by Lawcruncher 10-07-2020, 16:36 PM
Planning permission by dizzymill Started by dizzymill, 07-07-2020, 18:58 PM	5 responses 65 views 0 likes	Last Post by pilman 10-07-2020, 10:59 AM
5 Year Private Property Licence Ended After One Year by AKRS Started by AKRS, 29-06-2020, 10:03 AM	5 responses 51 views 0 likes	Last Post by Always Problems 09-07-2020, 16:07 PM
Building Regulations Certificate by kennyj52 Started by kennyj52, 01-05-2020, 12:27 PM	6 responses 86 views 0 likes	Last Post by Tipper 06-07-2020, 18:35 PM
Licence To Alter, Supplemental Lease and Deed of Variation Costs by nushandphil Started by nushandphil, 03-07-2020, 10:34 AM	6 responses 53 views 0 likes	Last Post by Lawcruncher 04-07-2020, 20:08 PM
Living space in outbuilding by gchd Started by gchd, 03-07-2020, 13:08 PM	2 responses 52 views 0 likes	Last Post by gchd 04-07-2020, 09:57 AM
Attic bedroom and planning by topshelf Started by topshelf, 01-07-2020, 13:08 PM	2 responses 37 views 0 likes	Last Post by Tipper 02-07-2020, 08:52 AM
Told to make private kitchens into communal kitchens by trevor-minehead Started by trevor-minehead, 29-06-2020, 12:57 PM	1 response 35 views 0 likes	Last Post by pilman 30-06-2020, 12:11 PM
Fire safety issue by aspirerkd Started by aspirerkd, 27-06-2020, 20:12 PM	1 response 31 views 0 likes	Last Post by Tipper 29-06-2020, 10:28 AM

Getting rid of a right of way over private land.

by mind the gap

Some friends are considering buying a house which - they have been told by the neighbours - has an old right of way allowing farmers to drive tractors from the front to the back using the side path. Nobody has exercised this right since at least the 1970s (probably before), since the land behind the...
- Channel: Planning & Development Questions
10-07-2020, 15:37 PM
Reply to Getting rid of a right of way over private land.

by Lawcruncher

There is a difference between private and public rights of way.

There is no mechanism for a person over whose land a private right of way is exercised to get the route altered.

Orders can though be made for public paths to be diverted or closed....
- Channel: Planning & Development Questions
12-07-2020, 21:48 PM
Reply to Getting rid of a right of way over private land.

by royw

That is a dangerous assumption. I know people who have tried and failed. The ramblers association seem to object as a matter of principle even when it makes no difference to them....
- Channel: Planning & Development Questions
12-07-2020, 21:33 PM
Reply to Getting rid of a right of way over private land.

by mind the gap

Thank you to everyone for their contributions.
- Channel: Planning & Development Questions
12-07-2020, 17:43 PM
Reply to Getting rid of a right of way over private land.

by mind the gap

That is a very good suggestion, thank you. They are hoping that there is no mention on the land registry of the easement or that if there is, they could argue the reason for its existence had been abandoned when the council built on the land. That may take some time so indemnity insurance could offer...
- Channel: Planning & Development Questions
12-07-2020, 17:39 PM
Reply to Getting rid of a right of way over private land.

by mind the gap

There is a gate from the back garden of the house into a back lane which runs the length of the 14 houses (the house in question is about half way along). The long terrace of new bungalows (parallel to the houses) also back onto this lane. A person, let alone a vehicle or tractor, could not physically...
- Channel: Planning & Development Questions
12-07-2020, 17:36 PM
Reply to Getting rid of a right of way over private land.

by nukecad

If it's a public right of way then diverting or re-routing it is not that simple:

https://www.gov.uk/guidance/public-r...sponsibilities
https://www.gov.uk/government/public...-legal-records
- Channel: Planning & Development Questions
12-07-2020, 14:12 PM
Reply to Getting rid of a right of way over private land.

by pilman

Reverting back to the original poster's query, there is case law regarding whether the granted right of way that was for a particular purpose can continue when the dominant land has changed its character to beyond that which was contemplated when the original Grantor executed the deed that granted the...
- Channel: Planning & Development Questions
12-07-2020, 14:05 PM
Reply to Getting rid of a right of way over private land.

by Lawcruncher

Do not go on that assumption. You cannot unilaterally alter the route of a right of way even if the alternative is equally convenient....
- Channel: Planning & Development Questions
12-07-2020, 10:50 AM
Reply to Getting rid of a right of way over private land.

by flyingfreehold

Hallo. Strangely enough I have been looking in the last few days at trying to squeeze a townhouse into some unused land which is vacant and unlet. There is a pedestrian right of way across the extreme right and the solution i have is to offer an alternate right of way about 8 metres to the east. I...
- Channel: Planning & Development Questions
12-07-2020, 08:57 AM

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