Restrictive Covenant- Right of Way

(7 Posts)
namedchange112 Sat 12-Sep-20 18:23:01

My property has a restrictive covenant on relating to an- until recently- overgrown alleyway that runs between mine and my neighbours property. The alleyway is marked out within the red lines often boundary but has a restrictive covenant giving foot (and vehicular but it's too narrow for a car) access to two neighbours from the back of their garden which have been fenced off for years - they don't want or need the access so are more than happy for us to apply to have the RC removed. The alleyway is accessible from the road behind and I have had to cut it back as it was damaging my dance- none of the neighbours- or me- want it to be used as an alleyway for security reasons.

A quick google tells me it may not be that simple and could be expensive. What is the risk if I fenced it off now to 'claim it back? I would still go down the route of having the covenant lifted but fencing off now would stop anyone from the road behind using it as a quick cut through to the nearby school.

OP’s posts: |
YellowNotRed Sat 12-Sep-20 19:00:45

You really need legal advice from an expert here, you could land yourself in a lot of legal issues if you were found in breach.

lboogy Sat 12-Sep-20 20:46:47

Watching with interest as I have the same issue

friendlycat Sat 12-Sep-20 23:10:04

You need legal advice and to do this properly. As stated there are legal boundary issues here and just fencing it to claim as your own won’t stack up for the future. Much better to do it correctly in the first place.

MinnieMountain Sun 13-Sep-20 06:12:49

It's an easement, not a restrictive covenant.

You need to find out from your local council whether or not it's a public right of way.

If it's not, it's a case of everyone who has the right to use the alleyway signing an agreement to give up the easement (deed of release). It then needs to be registered on everybody's titles.

Since you're the one with the easement against your title, you should expect to pay the legal fees for drawing up the deed of release.

Anyone with a mortgage will need their lender's consent too.

Chocolatedeficitdisorder Sun 13-Sep-20 10:45:36

I don'[t think that anyone would advise the other householders to give up their access rights as it adds value and saleability to their houses.

There's usually compensation paid to homeowners who give up their access rights as their homes will lose value.

namedchange112 Sun 13-Sep-20 10:47:50

Thanks, it looks like an easement and all those with access according to the deeds are more than happy to relinquish their 'rights' (not least because the deeds state they should share the cost of maintaining the land). More than happy to pay all the legal fees even if I didn't have to as I am the one benefitting. Neither neighbours with access have a mortgage on their property (both much older - another reason we are keen to resolve now in case we get new neighbours!)

I will instruct a solicitor next week as it looks fairly simple if all parties are in agreement. Will update next month if there is anything to update on.

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