Claiming an easement

[indigopotato]

Hello, can anyone advise who I need to speak to to discuss claiming an easement? It's abandoned (2 storey extension where a gate to their garden used to be. There is no longer any way to access their property through our garden, unless spider man visits). I want it claimed and tidy so it doesn't cause problems when one of us sells.
Is it a solicitor I need to speak to, if so which type? or can I just deal direct with land registry?

What do you mean by claiming an easement? Do you mean formally confirming an easement has been abandoned and no longer exists? Or are you trying to reinstate the use of an old easement?

Who previously had the benefit and burden of the easement and what route did it take?

It's a passage in an ex local authority terrace under a flying freehold (I own the only room above), it was originally to allow the council to maintain the properties and to give access to the rear gardens. The council no longer owns either and there is a 2 storey extension where their garden access was, so it's just a passage through my house leading to my garden. It shows as shared on land registry.
When I bought, this was mentioned and I wasn't concerned, it hasn't caused a problem, however I would have been bothered by it if there hadn't been a clear reason for the neighbour needing a key to the gate and to jointly own the path, I don't want it to put off potential buyers when I sell.

passage through my house leading to my garden. It shows as shared on land registry.

OK shared between your house and neighbour's house? So you each own half the passageway? That's not the same as an easement which would be over land owned solely by you. If it was just an abandoned easement I.e the neighbour's extension is such that they've totally cut off their rear garden access, even if they made a different access in their fence further down the passage, then that would be more straightforward. But if neighbour actually owns half the land which constitutes the passage you can't just make it yours even though they've landlocked themselves out of it.

You could offer to buy the strip of land from them for a low price (as it has no real value to them) but they don't have to agree.

If I've misunderstood and the passageway belongs solely to you then you've got a better chance of asserting that the LR records should be amended but you'll have to provide proof. Perhaps a statutory declaration from you and one from neighbour that the easement is abandoned and can't now be reinstated. You would have to cover all costs as the amendment of both titles is of benefit to you but not neighbour.

Thank you, that's really helpful! Someone else on the street referred to theirs as an easement and I assumed they had the correct term!
I'll speak to the neighbour next time I see him and see what he wants to do. I can't imagine he'd want to keep a 2 foot strip of dark spidery passageway! How would I go about getting a value figure for it?

I think you'd have to ask a surveyor but as a first step I'd propose a nominal sum to the neighbour (maybe £100 plus covering any fees). He might just go for it as his bit of the land isn't really worth anything as he can't use it so it would be £100 in his pocket for nothing. Plus you could point out that it will simplify any future sales for both of you as it will regularise what is currently an anomaly which may put off nervous buyer. Strictly speaking neighbour has an obligation to upkeep/maintain his half and could be liable to any visitors (or even trespassers) who are injured as a result of failure to keep it in safe condition. If ownership fully transfers to you, then that obligation becomes solely yours to manage. That is probably your best selling point but try to put it tactfully!

If neighbour wants more money then you could agree to get a surveyor valuation. The surveyor might say because it's landlocked, it's actually not even worth £100.

However there is no obligation on the neighbour to sell for the price you propose or at all. But neither can he force a sale at a price he fancies. Hopefully he will be fair and reasonable though. I agree it would be sensible to try and deal with it now. Flying freeholds are a bit of an oddity - much simpler if you own the land underneath as well!

Does the neighbour not need access for maintenance of their wall? I don't think I would be keen to give it up.

This. I certainly wouldn't let you buy it for a hundred quid!

I thought access for maintenance was standard anyway, otherwise no one would buy terraces or be able to have fences? Who would deny access and have a wall fall down into their garden?

Correct.

Access to Neighbouring Land Act provides that right. (This is for necessary repairs. If you wanted access for non essential work/development, you'd need a licence agreement with neighbour.)